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8@*County  Clerks  are  required  to  preserve  this  pamphlet,  and  to  see  that 
S^coplcs  accompanying  each  set  of  poll  books  are  returned  to  their  offices  with 
%he  returns  of  election.      Section  5824,  Revised  Statutes,  1909. 


ELECTION    LAWS 


OF  THE 


STATE  OF  MISSOURI 


AND  THE 


FEDERAL  NATURALIZATION  LAWS 


Compiled  from  the  State  Constitution  and  Laws,  and  Published 
Under  Authority  of  Section  5824,  Revised  Statutes,  1909. 


1913 


CORNELIUS  ROACH 

Seaetary  of  State 


le  inierneT  Arcnive 


in  2007  with  funding  from 
,    Microsoft  Corporation 


ittp://www.archive;org/cletails/electionlawsotstOOmis^ei 


ELECTION  LAWS 


OF  THE 


STATE  OF  MISSOURI 


AND  THE 


FEDERAL  NATURALIZATION  LAWS 


COMPILED  FROM  THE   STATE  CONSTITUTION  AND   LAWS,    AND   PUBLISHED 
UNDER   AUTHORITY    OF    SECTION   5824,    REVISED    STATUTES,    1909. 


"P 


Cotnptmicntb  cl 


SECRETARY  OF  STATE 


THE    HUGH    STEPHENS    PRINTING    COMPANY, 

JEFFERSON    CITY,      MISSOURI. 


«sWW»l 


ELECTION  LAWS 


OF  THE 


STATE  OF  MISSOURI 


AND  THE 


FEDERAL  NATURALIZATION  LAWS 


COMPILED   FROM   THE   STATE  CONSTITUTION  AND   LAWS,    AND   PUBLISHED 
UNDER    AUTHORITY    OF    SECTION   5824,    REVISED    STATUTES,    1909. 


1913 


CORNELIUS  ROACH 

Secretary  of  State 


THE    HUGH    STEPHENS    PRINTING    COMPANY, 

JEFFERSON    CITT,     MISSOURI. 


RV 


8W/ 


aaHBiaau'i 

.eoci   ,«: 


CONTENTS. 


Page 

Constitutional  provisions   5 

Federal   naturalization   laws 17 

Election  laws- 
Public  administrators   31 

Circuit  and  prosecuting  attorneys 31 

Clerks  of  courts  of  record 32 

Congressional  and  electoral  district 33 

Constables  36 

Civil  rights  of  convicts 37 

County   treasurers   37 

County    auditors    38 

Courts  of  record — 

Supreme  court  and  courts  of  appeals 40 

Circuit   courts 41 

Probate  courts 45 

County  courts   46 

Criminal  court,  15th  judicial  circuit 46 

Criminal  court  of  Buchanan  county... 47 

Criminal  court  of  Jackson  county 47 

Cape  Girardeau  court  of  common  pleas 48 

St.  Louis  courts  of  criminal  corrections 48 

Offenses  by  persons  in  office,  or  affecting  public  trusts  and  rights,  and  concerning 

elections  50 

Crimes  and  punishments 63 

Election  of  state  officers,  congressmen,  members  of  the  legrlslature  and  other  officers.  65 

General   provisions    68 

Nominations  79 

Primary   elections    85 

Ballots,  voting  and  returns 93 

Election    contests    101 

Constitutional  amendments 109 

Primary  elections  in  counties  having  over  lOO.OCO  inhabitants HI 

Primary  elections  in  counties  having  over  175,000  and  less  than  300,000  inhabitants..  114 

Primary  elections  in  cities  of  100,000  inhabitants  and  over 119 

Primary  election  in  cities  having  over  350,000  inhabitants 122 

Primary  elections  in  cities  having  over  400,000  inhabitants 123 

Corrupt  practices   131 

Registration  in  cities  with  25,000  and  less  than  100,000  inhabitants 140 

Registration  and  elections  in  cities  having  100,000  inhabitants  or  over 148 

Registration  and  elections  in  cities  having  300,000  inhabitants  or  over.. 194 

Election  of  senator  from  Missouri  to  United  States  Congress 221 

Initiative   and    referendum 222 

Intoxicating  liquors  on  election  day 226 

Local  option  election 227 

Justice  of  peace 233 

(3) 


4  CONTENTS. 

Page 

Justices  and  constables  In  cities  of  300,000  inhabitants  or  over 234 

Members  of  the  general  assembly 234 

Recorder  of  deeds 236 

State  superintendent  of  public  schools 237 

County  superintendent  of  public  schools 237 

Sheriff's  certificate  of  election 239 

Surveyors   240 

Assessors  240 

Collectors   of   revenue 241 

Township   organization   elections 241 

Forms  of  primary  election 248 


ELECTION  LAWS  OF  MISSOURI. 


CONSTITUTION  OF  1875. 


ARTICLE   II. 

BILL  OF  EIGHTS. 

Sec.  9.  Elections  must  be  free  and  open. — That  all  elections  shall 
be  free  and  open ;  and  no  power,  civil  or  military,  shall  at  any  time  inter- 
fere to  prevent  the  free  exercise  of  the  right  of  suffrage. 

[Same  in  substance  as  Sec.  14,  Art.  1,  Const.  1865.] 


LEGISLATIVE    DEPARTMENT. 

ARTICLE    IV. 

Sec.  2.  Representatives,  term,  apportionment. — The  house  of 
representatives  shall  consist  of  members  to  be  chosen  every  second  year 
by  the  qualified  voters  of  the  several  counties,  and  apportioned  in  the 
following  manner :  The  ratio  of  representation  shall  be  ascertained  at 
each  apportioning  session  of  the  general  assembly,  by  dividing  the  whole 
number  of  inhabitants  of  the  state,  as  ascertained  by  the  last  decen- 
nial census  of  the  United  States,  by  the  number  two  hundred.  Each 
county  having  one  ratio,  or  less,  shall  be  entitled  to  one  representative ; 
each  county  having  two  and  a  half  times  said  ratio  shall  be  entitled 
to  two  representatives ;  each  county  having  four  times  said  ratio  shall 
be  entitled  to  three  representatives ;  each  county  having  six  times  such 
ratio  shall  be  entitled  to  four  representatives,  and  so  on  above  that 
number,  giving  one  additional  member  for  every  two  and  a  half  ad- 
ditional ratios. 

[Sec.  2,  Art,  4,  Const.  1865,  gave  one  additional  member  for  every  three  additional 
ratios.] 

Sec.  3.  Counties,  division  of  into  districts. — When  any  county 
shall  be  entitled  to  more  than  one  representative,  the  county  court 
shall  cause  such  county  to  be  subdivided  into  districts  of  compact  and 
contiguous  territory,  corresponding  in  number  to  the  representatives 
to  which  such  county  is  entitled,  and  in  population  as  nearly  equal  as 
may  be,  in  each  of  which  the  qualified  voters  shall  elect  one  representa- 
tive, who  shall  be  a  resident  of  such  district :    Provided,  that  when  any 

(5) 


6  '  ELECTION   LAWS. 

county*  *sli*all  l5e  entitled  to  more  than  ten  representatives,  the  circuit 
court  shall  cause  such  county  to  be  subdivided  into  districts,  so  as  to 
give  each  district  not  less  than  two  nor  more  than  four  representatives, 
who  shall  be  residents  of  such  district — the  population  of  the  districts 
to  be  proportioned  to  the  number  of  representatives  to  be  elected 
therefrom. 

[Substantially  the  same  as  last  part  of  Sec.  2,  Art.  4,  Const.  1865,  with  proviso 
added.] 

Legislative  districts  cannot  be  changed  oftener  than  once  in  ten  years,  and  not 
then  until  reapportionment  is  made.     State  ex  rel.  v.  Patterson,  229  Mo.  388. 

Sec.  4.  Representatives — qualifications. — No  person  shall  be  a 
member  of  the  house  of  representatives  who  shall  not  have  attained 
the  age  of  twenty-four  years,  who  shall  not  be  a  male  citizen  of  the 
United  States,  who  shall  not  have  been  a  qualified  voter  of  this  state 
two  years,  and  an  inhabitant  of  the  county  or  district  which  he  may 
be  chosen  to  represent  one  year  next  before  the  day  of  his  election,  if 
such  county  or  district  shall  have  been  so  long  established,  but  if  not, 
then  of  the  county  or  district  from  which  the  same  shall  have  been 
taken,  and  who  shall  not  have  paid  a  state  and  county  tax  within 
one  year  next  preceding  the  election. 

[Substantially  same  as  Sec.  3,  Art.  4,  Const.  1865.] 

Sec.  5.  Senators,  number — ^term — ^senatorial  districts. — The  senate 
shall  consist  of  thirty-four  members,  to  be  chosen  by  the  qualified 
voters  of  their  respective  districts  for  four  years.  For  the  election 
of  senators  the  state  shall  be  divided  into  convenient  districts,  as 
nearly  equal  in  population  as  may  be,  the  same  to  be  ascertained  by 
the  last  decennial  census  taken  by  the  United  States. 

[Substantially  same  as  Sec.  4,  Art.  4,  Const  1865.] 

Sec.  6.  Senators,  qualifications — counties  divided,  when. — No  per- 
son shall  be  a  senator  who  shall  not  have  attained  the  age  of  thirty 
years,  who  shall  not  be  a  male  citizen  of  the  United  States,  who  shall 
not  have  been  a  qualified  voter  of  this  state  three  years,  and  an  in- 
habitant of  the  district  which  he  may  be  chosen  to  represent  one  year 
next  before  the  day  of  his  election,  if  such  district  shall  have  been  so 
long  established,  but  if  not,  then  of  the  district  or  districts  from  which 
the  same  shall  have  been  taken,  and  who  shall  not  have  paid  a  state 
and  county  tax  within  one  year  next  preceding  the  election.  When 
any  county  shall  be  entitled  to  more  than  one  senator,  the  circuit  court 
shall  cause  such  county  to  be  subdivided  into  districts  of  compact 
and  contiguous  territory,  and  of  population  as  nearly  equal  as  may  be, 
corresponding  in  number  with  the  senators  to  which  such  county  may 
be  entitled ;  and  in  each  of  these,  one  senator,  who  shall  be  a  resident 
of  such  district,  shall  be  elected  by  the  qualified  voters  thereof. 

[Substantially  same  as  Sec.  5,  Art.  4,  Const.  1865.] 
See  note  to  section  three. 

Sec.  10.  Senators  and  representatives,  when  elected. — The  first 
election  of  senators  and  representatives,  under  this  Constitution,  shall 
be  held  at  the  general  election  in  the  year  one  thousand  eight  hundred 


CONSTITUTION. 


^ 


and  seventy-six,  when  the  whole  number  of  representative^''^Sff^  the 

senators  from  the  districts  having  odd  numbers,  who  shaU''^&mpoj 

the  first  class,  shall  be  chosen;  and  in  one  thousand  eight  htiti&']^*e(J^&' 

seventy-eight,  the  senators  from  the  districts  having  eveil''ii{imbers, 

who  shall  compose  the  second  class,  and  so  on  at  each  sWdb^^ng 

general  election,  half  the  senators  provided  for  by  this  Cliii^mution 

shall  be  chosen.  •^^''^''''^^ 

7)-iiilT  biiB 

[Substantially  same  as  Sees.  9  and  10,  Art.  4,  Const.  1865.] 

Sec.  11.    Senatorial  districts. —  £   ^^^g 

(The  Forty-sixth  General  Assembly  having  adjourned  without  redistricting  the  State  into  SenatQna|,^irtri^,.|bjit 
duty  devolved  upon  the  Governor,  Secretary  of  State  and  the  Attorney-General,  under  the  provisions  of  Sec.  7;  Art.  I*  of 
the  Constitution.  Accordingly,  April  18,  1911,  the  Secretary  of  State  and  the  Attorney-General  perfornj^  jt|^y^uU^P|it 
the  Governor,  though  present,  refused  to  participate  and,  afterwards,  refused  to  promulgate  the  act.  The  Supreme  Court, 
March  28,  1912,  held  the  said  act  of  redistricting  was  a  legislative  one  and  a  function  of  a  co-ordinate  branokiOf  tte  State 
government  and  that  the  court  was,  therefore,  without  jurisdiction  in  the  premises;  and  held  further  that,  as  the  Governor 
had  failed  and  refused  to  perform  the  duty  enjoined  upon  him  by  the  Constitution  to  promulgate  sam&^by  jpfpejamation, 
the  said  act  was  not  and  is  not  in  effect.  The  districta  here  given  are,  therefore,  the  senatorial  districts  »  tl^emst  under 
the  law  of  April  6,  1901,  and  are  as  follows:)  ,.,.    ,j ...lo   f  1  fV 

First — The  counties  of  Atchison,  Gentry,  ^^Jodaway  and^.Wott&iiifa 
Second — The  county  of  Buchanan.  >«  girii  j 

Third — The  counties  of  Andrew,  Clay,  Clinton,  DeKalb^  Hpj;t  and 

Platte 

Fourth — The   counties   of   Grundy,   Harrison,   Livingston.   Alercgr 

and  Putnam.  ',  nimi'  Jeb 

Fifth  and  Seventh — The  county  of  Jackson.  .        „  ,  ,' 

Sixth — The  counties  of  Chariton,  Linn  and  Sullivan.  -  ^     - 

Eighth — The  counties  of  Caldwell,  Carroll,  Daviess  and  Kay.  . .  ^  ^ 
Ninth — The  counties  of  Adair,  Macon  and  Shelby.  \   -  \ 

Tenth — The  counties  of  Boone,  Callaway,  Montgomery,  ,^t.j^Cn*^nes 

and  Warren.  '  '       '.. 

Eleventh — The  counties  of  Audrain,  Lincoln  and  Pike.        .    x  .      j 
Twelfth — The    counties    of    Clark,    Knox,    Lewis,    Scojlg^ql '  and 

Schuyler. 

Thirteenth — The  counties  of  Marion,  Monroe,  Ralls 
Fourteenth — The  counties  of  Camden,  Cooper,  Howard,' 

and  Morgan. 

Fifteenth— The  counties  of  Benton,  Hickory,  Pettis  and '^^lii^!^^^ 
Sixteenth — The  counties  of  Bates,  Cedar,  Henry  and  St.'  C3au*. 
Seventeenth — The  counties  of  Cass,  Johnson  and  Lafayelfe. 
Eighteenth — Th6    counties    of    Barry,    Lawrence,    McDoiiiatA^^'and 

Newton.  'KniMfTt    oi 

Nineteenth— The  counties  of  Christian,  Dallas,  Douglas,  Oyi'rtjT^^bii, 
Stone,  Taney  and  Webster.  '•^'^'''  ^'"^  ^^ 

Twentieth— The  counties  of  Barton,  Dade,  Greene  and  Vernonl^^ 

Twenty -first— The  counties  of  Bollinger,  Butler,  Cape  'fflratdeau, 
Carter,  Dunklin,  Ripley  and  Wayne.  '  .''"l  ^''"''' 

Twenty-second— The  counties  of  Howell,  Oregon,  ShanW(Jfi'^''^'^e^as 
and  Wright.  ^^  o'fri«iit)jn 

Twenty-third— The  counties  of  Mississippi,  New  Madri(l*'%e&isc9|;, 
Scott  and  Stoddard.  <i^n-.>j8  -jiU 

Twenty-fourth— The  counties  of  Crawford,  Dent,  Iroii;*^  ^ifej, 
Reynolds  and  Washington.  '■*'"'  ^'  ^''^^ 


8  ELECTION  LAWS. 

Twenty-fifth — The  counties  of  Franklin,  Gasconade  and  St.  Louis. 

Twenty-sixth — The  counties  of  Jefferson,  Madison,  Perry,  St. 
Francois  and  Ste.  Genevieve. 

Twenty-seventh — The  counties  of  Cole,  Laclede,  Maries,  Miller, 
Osage  and  Pulaski. 

Twenty-eighth — The  county  of  Jasper. 

Twenty-ninth,  Thirtieth,  Thirty-first,  Thirty-second,  Thirty -third 
and  Thirty-fourth— The  City  of  St.  Louis. 

[See  R.  S.  1909,   §  8147.] 

Sec.  13.  Office  vacated  by  removal  of  residence. — If  any  senator 
or  representative  remove  his  residence  from  the  district  or  county 
for  which  he  was  elected,  his  office  shall  thereby  be  vacated. 

[This  section  is  the  same  as'  Sec.  13,  Art.  4,  Const.  1865.] 

Sec.  14.  Writs  of  election  to  fill  vacancy. — Writs  of  election  to 
fill  such  vacancies  as  may  occur  in  either  house  of  the  general  assembly 
shall  be  issued  by  the  governor. 

[This  section  is  the  same  as  Sec.  14,  Art.  4,  Const.  1865.] 

Sec.  17.  Organization  and  rules — may  punish  members  and  other 
persons. — ^Each  house  shall  appoint  its  own  officers ;  shall  be  sole  judge 
of  the  qualifications,  election  and  returns  of  its  own  members;  may 
determine  the  rules  of  its  own  proceedings,  except  as  herein  provided; 
may  arrest  and  punish  by  fine  not  exceeding  three  hundred  dollars, 
or  imprisonment  in  a  county  jail  not  exceeding  ten  days,  or  both,  any 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house 
by  any  disorderly  or  contemptuous  behavior  in  its  presence  during  its 
sessions;  may  punish  its  members  for  disorderly  conduct,  and,  with 
the  concurrence  of  two-thirds  of  all  members  elect,  may  expel  a  mem- 
ber; but  no  member  shall  be  expelled  a  second  time  for  the  same  cause. 

[This  section  is  substantially  same  as  Sec.  19,  Art.  4,  Const.  1865.] 

Sec.  53.  Special  and  local  laws  prohibited. — The  general  as- 
sembly shall  not  pass  any  local  or  special  law  ;********* 

(12)  For  the  opening  and  conducting  of  elections,  or  fixing  or 
changing  the  places  of  voting: 

Sec.  57.  Initiative  and  referendum. — The  legislative  authority 
of  the  state  shall  be  vested  in  a  legislative  assembly,  consisting  of 
a  senate  and  house  of  representatives,  but  the  people  reserve 
to  themselves  power  to  propose  laws  and  amendments  to  the 
Constitution,  and  to  enact  or  reject  the  same  at  the  polls,  independent 
of  the  legislative  assembly,  and  also  reserve  power  at  their  own  option  to 
approve  or  reject  at  the  polls  any  act  of  the  legislative  assembly.  The 
first  power  reserved  by  the  people  is  the  initiative,  and  not  more  than 
eight  per  cent,  of  the  legal  voters  in  each  of  at  least  two-thirds  of  the 
congressional  districts  in  the  state  shall  be  required  to  propose  any 
measure  by  such  petition,  and  every  such  petition  shall  include  the  full 
text  of  the  measure  so  proposed.  Initiative  petitions  shall  be  filed  with 
the  secretary  of  state  not  less  than  four  months  before  the  election  at 
which  they  are  to  be  voted  upon.  The  second  power  is  the  referendum, 
and  it  may  be  ordered  (except  as  to  laws  necessary  for  the  immediate 


CONSTITUTION.  9 

preservation  of  the  public  peace,  health,  or  safety  and  laws  making 
appropriations  for  the  current  expenses  of  the  state  government,  for  the 
maintenance  of  the  state  institutions  and  for  the  support  of  the  public 
schools)  either  by  the  petition  signed  by  five  per  cent,  of  the  legal  voters 
in  each  of  at  least  two-thirds  of  the  congressional  districts  in  the  state, 
or  by  the  legislative  assembly,  as  other  bills  are  enacted.  Referendum 
petitions  shall  be  filed  with  the  secretary  of  state  not  more  than  ninety 
days  after  the  final  adjournment  of  the  session  of  the  legislative  assembly 
which  passed  the  bill  on  which  the  referendum  is  demanded.  The  veto 
power  of  the  governor  shall  not  extend  to  measures  referred  to  the  people. 
All  elections  on  measures  referred  to  the  people  of  the  state  shall  be  had 
at  the  biennial  regular  general  elections,  except  when  the  legislative  as- 
sembly shall  order  a  special  election.  Any  measure  referred  to  the  peo- 
ple shall  take  effect  and  become  the  law  when  it  is  approved  by  a  majori- 
ty of  the  votes  cast  thereon,  and  not  otherwise.  The  -style  of  all  bills 
shall  be:  *'Be  it  enacted  by  the  people  of  the  state  of  Missouri.^'  This 
section  shall  not  be  construed  to  deprive  any  member  of  the  legislative 
assembly  of  the  right  to  introduce  any  measure.  The  whole  number  of 
votes  cast  for  justice  of  the  supreme  court  at  the  regular  election  last 
preceding  the  filing  of  any  petition  for  the  initiative,  or  for  the  refer- 
endum, shall  be  the  basis  on  which  the  number  of  legal  voters  necessary 
to  sign  such  petition  shall  be  counted.  Petitions  and  orders  for  the  initia- 
tive and  for  the  referendum  shall  be  filed  with  the  secretary  of  state, 
and  in  submitting  the  same  to  the  people  he,  and  all  other  officers,  shall 
be  guided  by  the  general  laws  and  the  act  submitting  this  amendment, 
nntil  legislation  shall  be  especially  provided  therefor. 

[New   section;   adopted  in  1908.] 


ARTICLE    V. 

EXECUTIVE  OFFICERS. 
Sec.  2.  Terms  of  office — governor  and  treasurer  ineligible  to  re- 
election—times of  holding  elections.— The  term  of  office  of  the  gov- 
ernor, lieutenant-governor,  secretary  of  state,  state  auditor,  state  treas- 
urer, attorney-general  and  superintendent  of  public  schools  shall  be 
four  years  from  the  second  Monday  of  Januarj^  next  after  their  election, 
and  until  their  successors  are  elected  and  qualified;  and  the  governor 
and  state  treasurer  shall  be  ineligible  to  re-election  as  their  own  suc- 
cessors. At  the  general  election  to  be  held  in  the  year  one  thousand 
eight  hundred  and  seventy-six,  and  every  four  years  thereafter,  all  of 
such  officers,  except  the  superintendent  of  public  schools,  shall  be  elected, 
and  the  superintendent  of  public  schools  shall  be  elected  at  the  genera] 
election  in  the  year  one  thousand  eight  hundred  and  seventy-eight,  and 
every  four  years  thereafter. 

[Prior  to  the  amendment  of  1851  to  the  Constitution  of  1820,  the  office  of  secre- 
tary of  state  was  not  elective.  State  ex  rel.  v.  Ewing,  17  Mo.  515.  Under  Const.  1865, 
Art.  5,  Sees.  3  and  16,  the  terms  of  officers  named  was  two  years,  except  the  superin- 
tendent of  public  schools,  whose  term  was  four  years.  No  provision  as  to  ineligibility 
appears  in  the  Const.  1865.] 


10  ELECTION   LAWS. 

Sec.  3.  Returns  of  election — tie,  how  determined. — The  returns  of 
every  election  for  the  above-named  officers  shall  be  sealed  up  and  trans- 
mitted by  the  returning  officers  to  the  secretary  of  state,  directed  to 
the  speaker  of  the  house  of  representatives,  who  shall,  immediately  after 
the  organization  of  the  house,  and  before  proceeding  to  other  business, 
open  and  publish  the  same,  in  the  presence  of  a  majority  of  each  house 
of  the  general  assembly,  who  shall  for  that  purpose  assemble  in  the  hall 
of  the  house  of  representatives.  The  person  having  the  highest  number 
of  votes  for  either  of  said  offices  shall  be  declared  duly  elected;  but  if 
two  or  more  shall  have  an  equal  and  the  highest  number  of  votes,  the 
general  assembly  shall,  by  joint  vote,  choose  one  of  such  persons  for 
said  office. 

[Similar  provisions  are  found  in  Sees.  3  and  18,  Art.  5,  Const.  1865.3 

Sec.  25.  Contested  elections  of  executive  officers. — Contested  elec- 
tions of  governor  and  lieutenant-governor  shall  be  decided  by  a  joint 
vote  of  both  houses  of  the  general  assembly,  in  such  manner  as  may 
be  provided  by  law;  and  contested  elections  of  secretary  of  state, 
state  auditor,  state  treasurer,  attorney-general  and  superintendent 
of  public  schools  shall  be  decided  before  such  tribunal  and  in  such 
manner  as  may  be  provided  by  law. 

[Same  in  substance  as  Sees.  18  and  19,  Art.  5,  Const.  1865.] 


ARTICLE  VI. 

JUDICIAL  DEPARTMENT. 

Sec.  13.  Judges  of  court  of  appeals,  number,  election,  qualifica- 
tion and  pay. — The  St.  Louis  court  of  appeals  shall  consist  of  three 
judges,  to  be  elected  by  the  qualified  voters  of  the  city  of  St.  Louis, 
and  the  counties  of  St.  Louis,  St.  Charles,  Lincoln  and  Warren,  who 
shall  hold  their  offices  for  the  period  of  twelve  years.  They  shall  be 
residents  of  the  district  composed  of  said  counties,  shall  possess  the 
same  qualifications  as  judges  of  the  supreme  court,  and  each  shall 
receive  the  same  compensation  as  is  now  or  may  be  provided  by  law  for 
the  judges  of  the  circuit  court  of  St.  Louis  county,  and  be  paid  from 
the  same  sources :  Provided,  That  each  of  said  counties  shall  pay  its 
proportional  part  of  the  same,  according  to  its  taxable  property. 

[No  similar  seetion  in  Const.  1865.] 

Sec.  16.    Election  of  judges — ^terms  of  office — ^presiding  judge.— 

At  the  first  general  election  held  in  said  city  and  counties  after  the 
adoption  of  this  Constitution,  three  judges  of  said  court  shall  be 
elected,  who  shall  determine  by  lot  the  duration  of  their  several  terms 
of  office,  which  shall  be  respectively  four,  eight  and  twelve  years,  and 
certify  the  result  to  the  secretary  of  state ;  and  every  four  years  there- 
after one  judge  of  said  court  shall  be  elected  to  hofd  office  for  the 
term  of  twelve  years.  The  term  of  office  of  such  judges  shall  begin 
on  the  first  Monday  in  January  next  ensuing  their  election.      The 


CONSTITUTION.  11 

judge  having  the  oldest  license  to  practice  law  in  this  state  shall  be  the 
presiding  judge  of  said  court. 

[No  similar  section  in  Const.  1865.] 

Sec.  25.  Circuit  judges,  terms  and  duties. — The  judges  of  the 
circuit  court  shall  be  elected  by  the  qualified  voters  of  each  circuit; 
shall  hold  their  offices  for  the  term  of  six  years,  and  shall  reside  in 
and  be  conserv^ators  of  the  peace  within  their  respective  circuits. 

[This  section  derived  from  Sec.  14,  Art.  6,  Const.  1865.] 

Sec.  30.  Judges,  election  of — ties  and  contests. — The  election  of 
judges  of  all  courts  of  record  shall  be  held  as  is  or  may  be  provided 
by  law,  and  in  case  of  a  tie  or  contested  election  between  the  candi- 
dates, the  same  shall  be  determined  as  prescribed  by  law. 

[The  provisions  of  this  section  are  derived  from  Sec.  14,  Art.  6,  Const.  1865.] 

Sec.  34.  Probate  courts,  jurisdiction  and  powers. — The  general 
assembly  shall  establish  in  every  county  a  probate  court,  which  shall 
be  a  court  of  record,  and  consist  of  one  judge,  who  shall  be  elected. 
Said  court  shall  have  jurisdiction  over  all  matters  pertaining  to  pro- 
bate business,  to  granting  letters  testamentary  and  of  administration, 
the  appointment  of  guardians  and  curators  of  minors  and  persons  of 
unsound  mind,  settling  the  accounts  of  executors,  administrators, 
curators  and  guardians  and  the  sale  or  leasing  of  lands  by  administra- 
tors, curators  and  guardians;  and  also  jurisdiction  over  all  matters 
relating  to  apprentices:  Provided,  that  until  the  general  assembly 
shall  provide  by  law  for  a  uniform  system  of  probate  courts,  the  juris- 
diction of  probate  courts  heretofore  established  shall  remain  as  now 
provided  by  law. 

[No  similar  section  in  Const.  1865.] 

Sec.  37.  Justices  of  the  peace. — In  each  county  there  shall  be  ap- 
pointed, or  elected,  as  many  justices  of  the  peace  as  the  public  good 
may  require,  whose  powers,  duties  and  duration  in  office  shall  be  regu- 
lated by  law. 

[Same  in  substance  as  Sec.   25,  Art.  6,  Const.  1866.] 

Sec.  39.  Clerks  of  courts,  appointive  and  elective. — The  St.  Louis 
court  of  appeals  and  supreme  court  shall  appoint  their  own  clerks. 
The  clerks  of  all  other  courts  of  record  shall  be  elective,  for  such 
terms  and  in  such  manner  as  may  be  directed  by  law :  Provided,  that 
the  term  of  office  of  no  existing  clerk  of  any  court  of  record,  not  abol- 
ished by  this  Constitution,  shall  be  affected  by  such  law. 

[This  section,  except  the  proviso,  is  derived  from  Sec.  22,  Art.  6,  Const.  1865.] 

Sec.  40.  Clerks,  election  of — ties  and  contests. — In  case  there  be 
a  tie  or  a  contested  election  between  candidates  for  clerk  of  any  court 
of  record,  the  same  shall  be  determined  in  such  manner  as  may  be 
directed  by  law. 

[No  similar  section  In  Const.  1865.] 


12  ELECTION  LAWS. 

AMENDMENT  OF  1884. 

COURTS  OF  APPEALS. 

Sec.  2.  Kansas  City  court  of  appeals,  jurisdiction,  terms,  judges. — 
There  is  hereby  established  at  Kansas  City  an  appellate  court,  to  be 
known  as  the  Kansas  City  court  of  appeals,  the  jurisdiction  of  which 
shall  be  co-extensive  with  all  the  counties  in  the  state  except  those 
embraced  in  the  jurisdiction  of  the  St.  Louis  court  of  appeals.  There 
shall  be  held  in  each  year  two  terms  of  said  Kansas  City  court  of 
appeals,  one  on  the  first  Monday  of  March  and  one  on  the  first  Mon- 
day of  October.  The  Kansas  City  court  of  appeals  shall  consist  of 
three  judges,  who  shall  be  elected  by  the  qualified  voters  of  the  coun- 
ties under  the  jurisdiction  of  said  court,  and  shall  be  residents  of  said 
territorial  appellate  district. 

[This  section  has  been  modified  by  Sec.  3926,  R.  S.,  creating  the  Springfield  court 
of  appeals,  and  defining  its  jurisdiction,  and  by  Sec.  3928,  R.  S.,  changing  the  limits 
of  the  districts  of  the  other  courts  of  appeals.] 

Sec.  4.  Kansas  City  court  of  appeals — first  judges — constitu- 
tional provisions  applicable  to. — The  first  term  of  said  Kansas  City 
court  of  appeals  shall  be  held  on  the  first  Monday  of  March  in  the 
year  1885,  and  the  first  judges  thereof  shall,  upon  the  adoption  of  this 
amendment,  be  appointed  by  the  governor  of  said  state  for  the  term 
of  four  years  each,  beginning  on  the  first  day  of  January,  1885,  and  at 
the  general  election  in  the  year  1888,  the  first  election  for  the  judges 
of  said  court  shall  be  held,  and  the  provisions  of  the  Constitution  of  the 
state  concerning  the  organization,  the  judges,  the  powers,  the  juris- 
diction and  proceedings  of  the  St.  Louis  court  of  appeals,  as  herein 
amended,  shall  in  all  appropriate  respects  apply  to  the  Kansas  City 
court  of  appeals,  and  to  such  additional  court  of  appeals  as  may  be  by 
law  created. 


ARTICLE    Vra. 

SUFFRAGE  AND  ELECTIONS. 

Section  1.  General  elections,  when  held. — The  general  election 
shall  be  held  biennially  on  the  Tuesday  next  following  the  first  Monday 
in  November.  The  first  general  election  under  this  Constitution  shall 
be  held  on  that  day,  in  the  year  one  thousand  eight  hundred  and  seventy- 
six;  but  the  general  assembly  may,  by  law,  fix  a  different  day — two- 
thirds  of  all  the  members  of  each  house  consenting  thereto. 

[Same  In  substance  as  Sea  2,  Art.  2,  Const.  1865.] 

Sec.  2.  Electors,  qualifications  of.— Every  male  citizen  of  the 
United  States,  and  every  male  person  of  foreign  birth  who  may  have 
declared  his  intention  to  become  a  citizen  of  the  United  States  according 


CONSTITUTION.  13 

to  law,  not  less  than  one  year  nor  more  than  five  years  before  he  offers 
to  vote,  who  is  over  the  age  of  twenty-one  years,  possessing  the  follow- 
ing qualifications,  shall  be  entitled  to  vote  at  all  elections  by  the  people : 

First — He  shall  have  resided  in  the  state  one  year  immediately 
preceding  the  election  at  which  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  county,  city  or  town  where  he 
shall  offer  to  vote  at  least  sixty  days  immediately  preceding  the  election. 

[This  section  is  derived  from  Sec.  18,  Art.  2,  Const.  1865,  as  amended  in  Novem- 
ber, 1870.] 

Sec.  3.  Elections,  how  conducted  and  contested. — All  elections 
by  the  people  shall  be  by  ballot ;  every  ballot  voted  shall  be  numbered  in 
the  order  in  which  it  shall  be  received,  and  the  number  recorded  by  the 
election  officers  on  the  list  of  voters,  opposite  the  name  of  the  voter  who 
presents  the  ballot.  The  election  officers  shall  be  sworn  or  affirmed  not 
to  disclose  how  any  voter  shall  have  voted,  unless  required  to  do  so  as 
witnesses  in  a  judicial  proceeding:  Provided,  that  in  all  cases  of  con- 
tested elections  the  ballots  cast  may  be  counted,  compared  with  the  list 
of  voters,  and  examined  under  such  safeguards  and  regulations  as  may 
be  prescribed  by  law. 

[The  first  provision  of  this  section  is  similar  to  Sec.  1,  Art  2,  Const.  1865.  The 
remainder  of  the  section  Is  new.] 

Sec.  4.  Voters  free  from  arrest,  when. — Voters  shall,  in  all  cases 
except  treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  elections,  and  in  going  to  and  returning 
therefrom. 

[Same  in  substance  as  Sec.  22,  Art.  2,  Const.  1865.] 

Sec.  5.  Registration  in  certain  cities  and  counties. — The  general 
assembly  shall  provide,  by  law,  for  the  registration  of  all  voters  in 
cities  and  counties  having  a  population  of  more  than  one  hundred 
thousand  inhabitants,  and  may  provide  for  such  registration  in  cities 
having  a  population  exceeding  twenty-five  thousand  inhabitants  and 
not  exceeding  one  hundred  thousand,  but  not  otherwise. 

[Similar  in  its  general  subject  to  Sec.  4,  Art.  2,  Const.  1865.] 

Sec.  6.  Elections,  viva  voce,  when. — All  elections,  by  persons  in 
a  representative  capacity,  shall  be  viva  voce. 

•    [No  similar  section  in  Const.  1865.] 

Sec.  7.    Residence  as  voters  not  gained  or  lost,  when.^For  the 

purpose  of  voting,  no  person  shall  be  deemed  to  have  gained  a  residence 
by  reason  of  his  presence  or  lost  it  by  reason  of  his  absence  while  em- 
ployed in  the  service,  either  civil  or  military,  of  this  state  or  of  the 
United  States,  nor  while  engaged  in  the  navigation  of  the  waters  of  the 
state  or  of  the  United  States,  or  on  the  high  seas,  nor  while  a  student  of 
any  institution  of  learning,  nor  while  kept  in  a  poorhouse  or  other 
asylum  at  public  expense,  nor  while  confined  in  public  prison. 

[Same  In  substance  as  Sec.  20,  Art.  2,  Const.  1865.] 

Sec.  8.  Who  disqualified  as  voters. — No  person,  while  kept  at  any 
poorhouse  or  other  asylum,  at  public  expense,  nor  while  confined  in 


14  ELECTION  LAWS. 

any  public  prison,  shall  be  entitled  to  vote  at  any  election  under  the 
laws  of  this  state. 

[No  similar  section  in  Const.  1865.] 

Sec.  9.  Contested  elections,  trials  of,  etc. — The  trial  and  determina- 
tion  of  contested  elections  of  all  public  officers,  whether  state,  judicial, 
municipal  or  local,  except  governor  and  lieutenant-governor,  shall  be  by 
the  courts  of  law,  or  by  one  or  more  of  the  judges  thereof.  The  general 
assembly  shall,  by  general  law,  designate  the  court  or  judge  by  whom  the 
several  classes  of  election  contests  shall  be  tried,  and  regulate  the  man- 
ner of  trial  and  all  matters  incident  thereto ;  but  no  such  law,  assigning 
jurisdiction  or  regulating  its  exercise,  shall  apply  to  any  contest  arising 
out  of  any  election  held  before  said  law  shall  take  effect 

[No  similar  section  in  Const.  1865.] 

Sec.  10.  Criminals  may  be  disqualified. — The  general  assembly  may 
enact  laws  excluding  from  the  right  of  voting  all  persons  convicted  of 
felony  or  other  infamous  crime,  or  misdemeanors  connected  with  the 
exercise  of  the  right  of  suffrage. 

[Same  in  substance  as  Sec.  26,  Art.  2,  Const,  1865.] 

Sec.  11.  United  States  officers,  soldiers  and  marines  disqualified. — 

No  officer,  soldier  or  marine  in  the  regular  army  or  navy  of  the  United 
States  shall  be  entitled  to  vote  at  any  election  in  this  state. 

[Same  in  substance  as  S-c.  16,  Art.  2,  Const.  1865.] 

Sec.  12.  Aliens  not  to  hold  office — ^residence  required. — No  person 
shall  be  elected  or  appointed  to  any  office  in  this  state,  civil  or  military, 
who  is  not  a  citizen  of  the  United  States,  and  who  shall  not  have  re- 
sided in  this  state  one  year  next  preceding  his  election  or  appointment. 

[No  similar  section  in  Const.  1865.] 


ARTICLE  IX. 

COUNTIES,  CITIES  AND  TOWNS. 

Sec.  8.    Township  organization  adopted,  how — county  justices. — 

The  general  assembly  may  provide,  by  general  law,  for  township  or- 
ganization under  which  any  county  may  organize  whenever  a  majority 
of  the  legal  voters  of  such  county,  voting  upon  that  proposition,  at 
any  general  election,  shall  so  determine;  and  whenever  any  county 
shall  adopt  township  organization,  so  much  of  this  Constitution  as  pro- 
vides for  the  management  of  county  affairs,  and  the  assessment  and 
collection  of  the  revenue  by  county  officers,  in  conflict  with  such  gen- 
eral law  for  township  organization,  may  be  dispensed  with,  and  the 
business  of  said  county,  and  the  local  concerns  of  the  several  townships 
therein,  may  be  transacted  in  such  manner  as.  may  be  prescribed  by 
law :  Provided,  that  the  justices  of  the  county  court  in  such  case  shall 
not  exceed  three  in  number. 

Sec.  9.    Township  organization  discontinued,  how. — In  any  county 
which  shall  have  adopted  ' '  township  organization, '  *  the  question  of  con- 


CONSTITUTION.  15 

tinuing  the  same  may  be  submitted  to  a  vote  of  electors  of  such  county 
at  a  general  election,  in  the  manner  that  shall  be  provided  by  law;  and 
if  a  majority  of  all  the  votes  cast  upon  that  question  shall  be  against 
township  organization,  it  shall  cease  in  said  county;  and  all  laws  in 
force  in  relation  to  counties  not  having  township  orggmization  shall  im- 
mediately take  effect  and  be  in  force  in  such  county. 

[No  similar  section  in  Const.  1865.] 

Sec.  10.  Election  of  sheriff  and  coroner. — There  shall  be  elected 
by  the  qualified  voters  in  each  county  on  the  first  Tuesday  next  follow- 
ing the  first  Monday  in  November,  A.  D.  1908,  and  thereafter  every  four 
years,  a  sheriff  and  coroner.  They  shall  serve  for  four  years  and  until 
their  successors  be  duly  elected  and  qualified,  unless  sooner  removed  for 
malfeasance  in  office.  Before  entering  on  the  duties  of  their  office,  they 
shall  give  security  in  the  amount  and  in  such  manner  as  shall  be  pre- 
scribed by  law,  and  shall  be  eligible  only  four  years  in  any  one  period. 
Whenever  a  county  shall  be  hereafter  established,  the  governor  shall 
appoint  a  sheriff  and  coroner  therein,  who  shall  continue  in  office  until 
the  next  succeeding  general  election  and  until  their  successors  shall  be 
duly  elected  and  qualified. 

Sec.  11.  Sheriff  and  coroner — vacancy  in  office. — Whenever  a 
vacancy  shall  happen  in  the  office  of  sheriff  or  coroner,  the  same  shall 
be  filled  by  the  county  court.  If  such  vacancy  happen  in  the  office 
of  sheriff  more  than  nine  months  prior  to  the  time  of  holding  a  gen- 
eral election,  such  county  court  shall  immediately  order  a  special  elec- 
tion to  fill  the  same,  and  the  person  by  it  appointed  shall  hold  office 
until  the  person  chosen  at  such  election  shall  be  duly  qualified ;  other- 
wise, the  person  appointed  by  such  county  court  shall  hold  office  until 
the  person  chosen  at  such  general  election  shall  be  duly  qualified. 
If  any  vacancy  happen  in  the  office  of  coroner,  the  same  shall  be  filled 
for  the  remainder  of  the  term  by  such  county  court.  No  person  elected 
or  appointed  to  fill  a  vacancy  in  either  of  said  offices  shall  thereby  be 
rendered  ineligible  for  the  next  succeeding  term. 

[Same  in  substance  as  Sec   23,   Art.   5,   Const.   1865.] 


ARTICLE    XV. 

MODE    OF   AMENDING    THE    CONSTITUTION. 

Section  1.  Constitution,  how  amended. — This  Constitution  may  be 
amended  and  revised  only  in  pursuance  of  the  provisions  of  this  article. 

[Same  In  substance  as  Sec.  1,  Art.  12,  Const.  1865.] 

Sec.  2.  General  assembly  may  propose  amendments — ^how  pub- 
lished— submitted  to  vote. — The  general  assembly  may,  at  any  time, 
propose  such  amendments  to  this  Constitution  as  a  majority  of  the 
members  elected  to  each  house  shall  deem  expedient;  and  the  vote 
thereon  shall  be  taken  by  yeas  and  nays,  and  entered  in  full  on  the 
journals.    The  proposed  amendments  shall  be  published  with  the  laws 


16  ELECTION  LAWS. 

of  that  session,  and  also  shall  be  published  weekly  in  some  newspaper, 
if  such  there  be,  within  each  county  in  the  stat€,  for  four  consecutive 
weeks  next  preceding  the  general  election  then  next  ensuing.  The 
proposed  amendments  shall  be  submitted  to  a  vote  of  the  people,  each 
amendment  separately,  at  the  next  general  election  thereafter,  in  such 
manner  as  the  general  assembly  may  provide.  If  a  majority  of  the 
qualified  voters  of  the  state,  voting  for  and  against  any  one  of  said 
amendments,  shall  vote  for  such  amendment,  the  same  shall  be  deemed 
and  taken  to  have  been  ratified  by  the  people,  and  shall  be  valid  and 
binding,  to  all  intents  and  purposes,  as  a  part  of  this  Constitution. 

[Same  in  substance  as  Sec.  2,  Art.  12,  Const.  1865.] 

Sec.  3.     Constitution,  how  revised  and  amended  by  convention,  etc. 

The  general  assembly  may  at  any  time  authorize,  by  law,  a  vote  of 
the  people  to  be  taken  upon  the  question  whether  a  convention  shall  be 
held  for  the  purpose  of  revising  and  amending  the  Constitution  of  this 
state;  and  if  at  such  election  a  majority  of  the  votes  on  the  question 
be  in  favor  of  a  convention,  the  governor  shall  issue  writs  to  the 
sheriffs  of  the  different  counties,  ordering  the  election  of  delegates  to 
such  a  convention,  on  a  day  not  less  than  three  and  within  six  months 
after  that  on  which  the  said  question  shall  have  been  voted  on.  At 
such  election  each  senatorial  district  shall  elect  two  delegates  for 
each  senator  to  which  it  may  then  be  entitled  in  the  general  assembly, 
and  every  such  delegate  shall  have  the  qualifications  of  a  state 
senator.  The  election  shall  be  conducted  in  conformity  with  the  laws 
regulating  the  election  of  senators.  The  delegates  so  elected  shall 
meet  at  such  time  and  place  as  may  be  provided  by  law,  and  organize 
themselves  into  a  convention,  and  proceed  to  revise  and  amend  the 
Constitution;  and  the  Constitution,  when  so  revised  and  amended, 
shall,  on  a  day  to  be  therein  fixed,  not  less  than  sixty  days  or  more 
than  six  months  after  that  on  which  it  shall  have  been  adopted  by  the 
convention,  be  submitted  to  a  vote  of  the  people  for  and  against  it,  at 
an  election  to  be  held  for  that  purpose;  and  if  a  majority  of  all  the 
\otes  given  be  in  favor  of  such  Constitution,  it  shall,  at  the  end  of 
thirty  days  after  such  election,  become  the  Constitution  of  this  state. 
The  result  of  such  election  shall  be  made  known  by  proclamation  by 
the  governor.  The  general  assembly  shall  have  no  power,  otherwise 
than  in  this  section  specified,  to  authorize  a  convention  for  revising 
and  amending  the  Constitution. 

[Same  in  substance  as  Sec.  3,  Art.  12,  Const.  1865.] 


NATURALIZATION  LAWS  AND  REGULATIONS 

(AOT  APPROVED  JUNE  29,  1906.) 


Sec.  3.  That  exclusive  jurisdiction  to  naturalize  aliens  as  citizens 
of  the  United  States  is  hereby  conferred  upon  the  following  specified 
courts : 

United  States  circuit  and  district  courts  now  existing,  or  which 
may  hereafter  be  established  by  congress  in  any  state,  United  States 
district  courts  for  the  territories  of  Arizona,  New  Mexico,  Oklahoma, 
Hawaii  and  Alaska,  the  supreme  court  of  the  District  of  Columbia, 
and  the  United  States  courts  for  the  Indian  Territory ;  also,  all  courts 
of  record  in  any  state  or  territory  now  existing,  or  which  may  here- 
after be  created,  having  a  seal,  a  clerk,  and  jurisdiction  in  actions  at 
law  or  equity,  or  law  and  equity,  in  which  the  amount  in  controversy 
is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  herein  specified, 
state,  territorial,  and  federal,  shall  extend  only  to  aliens  resident  with- 
in the  respective  judicial  districts  of  such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition  of  the  clerks 
of  such  courts,  be  furnished  from  time  to  time  by  the  bureau  of  im- 
migration and  naturalization  with  such  blank  forms  as  may  be  re- 
quired in  the  naturalization  of  aliens,  and  all  certificates  of  naturaliza- 
tion shall  be  consecutively  numbered  and  printed  on  safety  paper  fur- 
nished by  said  bureau. 

Sec.  4.  That  an  alien  may  be  admitted  to  become  a  citizen  of  the 
United  States  in  the  following  manner  and  not  otherwise: 

First — He  shall  declare  on  oath  before  the  clerk  of  any  court  au- 
thorized by  this  act  to  naturalize  aliens,  or  his  authorized  deputy, 
in  the  district  in  which  such  alien  resides,  two  years  at  least  prior  to 
his  admission,  and  after  he  has  reached  the  age  of  eighteen  years, 
that  it  is  bona  fide  his  intention  to  become  a  citizen  of  the  United 
States,  and  to  renounce  forever  all  allegiance  and  fidelity  to  any  for- 
eign prince,  potentate,  state,  or  sovereignty,  and  particularly,  by  name, 
to  the  prince,  potentate,  state  or  sovereignty  of  which  the  alien  may 
be  at  the  time  a  citizen  or  subject.  And  such  declaration  shall  set 
forth  the  name,  age,  occupation,  personal  description,  place  of  birth, 
last  foreign  residence  and  allegiance,  the  date  of  arrival,  the  name  of 
the  vessel,  if  any  in  which  he  came  to  the  United  States,  and  the  pres- 
ent place  of  residence  in  the  United  States  of  said  alien:  Provided, 
however,  that  no  alien  who,  in  conformity  with  the  law  in  force  at  the 

(17) 


18        .  ELECTION   LAWS. 

date  of  his  declaration,  has  declared  his  intention  to  become  a  citizen 
of  the  United  States,  shall  be  required  to  renew  such  declaration. 

Second — Not  less  than  tw6  years  nor  more  than  seven  years  after 
he  has  made  such  declaration  of  intention  he  shall  make  and  file,  in 
duplicate,  a  petition  in  writing,  signed  by  the  applicant  in  his  own 
handwriting  and  duly  verified,  in  which  petition  such  applicant  shall 
state  his  full  name,  his  place  of  residence  (by  street  and  number,  if 
possible),  his  occupation,  and,  if  possible,  the  date  and  place  of  his 
birth;  the  place  from  which  he  emigrated,  and  the  date  and  place  of 
his  arrival  in  the  United  States,  and,  if  he  entered  through  a  port, 
the  name  of  the  vessel  on  which  he  arrived;  the  time  when  and  the 
place  and  name  of  the  court  where  he  declared  his  intention  to  be- 
come a  citizen  of  the  United  States ;  if  he  is  married  he  shall  state  the 
name  of  his  wife  and,  if  possible,  the  country  of  her  nativity  and  her 
place  of  residence  at  the  time  of  filing  his  petition ;  and  if  he  has  chil- 
dren, the  name,  date,  and  place  of  birth  and  place  of  residence  of  each 
child  living  at  the  time  of  the  filing  of  his  petition :  Provided,  that  if 
he  has  filed  his  declaration  before  the  passage  of  this  act  he  shall  not 
be  required  to  sign  the  petition  in  his  own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever  in  or  op- 
posed to  organized  government,  or  a  member  of  or  affiliated  with  any 
organization  or  body  of  persons  teaching  disbelief  in  or  opposed  to 
organized  government,  a  polygamist  or  believer  in  the  practice  of 
polygamy,  and  that  it  is  his  intention  to  become  a  citizen  of  the  United 
States  and  to  renounce  absolutely  and  forever  all  allegiance  and  fidelity 
to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and  particularly 
by  name  to  the  prince,  potentate,  state  or  sovereignty  of  which  he  at 
the  time  of  filing  of  his  petition  may  be  a  citizen  or  subject,  and  that 
it  is  his  intention  to  reside  permanently  within  the  United  States, 
and  whether  or  not  he  has  been  denied  admission  as  a  citizen  of  the 
United  States,  and,  if  denied,  the  ground  or  grounds  of  such  denial, 
the  court  or  courts  in  which  such  decision  was  rendered,  and  that  the 
cause  for  such  denial  has  since  been  cured  or  removed,  and  every  fact 
material  to  his  naturalization  and  required  to  be  proved  upon  the  final 
hearing  of  his  application. 

The  petition  shall  also  be  verified  by  the  affidavits  of  at  least  two 
credible  witnesses,  who  are  citizens  of  the  United  States,  and  who 
shall  state  in  their  affidavits  that  they  have  personally  known  the  ap- 
plicant to  be  a  resident  of  the  United  States  for  a  period  of  at  least 
five  years  continuously,  and  of  the  state,  territory,  or  district  in  which 
the  application  is  made  for  a  period  of  at  least  one  year  immediately 
preceding  the  date  of  the  filing  of  his  petition,  and  that  they  each  have 
personal  knowledge  that  the  petitioner  is  a  person  of  good  moral  char- 
acter, and  that  he  is  in  every  way  qualified,  in  their  opinion,  to  be  ad- 
mitted as  a  citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed  with  the  clerk 
of  the  court  a  certificate  from  the  department  of  commerce  and  labor, 
if  the  petitioner  arrives  in  the  United  States  after  the  passage  of  this 
act,  stating  the  date,  place  and  manner  of  his  arrival  in  the  United 


FEDERAL  NATURALIZATION  LAWS.  19 

States,  and  the  declaration  of  intention  of  such  petitioner,  which  cer- 
tificate and  declaration  shall  be  attached  to  and  made  a  part  of  said 
petition. 

Third — ^He  shall,  before  he  is  admitted  to  citizenship,  declare  on 
oath  in  open  court  that  he  will  support  the  Constitution  of  the  United 
States,  and  that  he  absolutely  and  entirely  renounces  and  abjures  all 
allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state  or  sov- 
ereignty, and  particularly  by  name  to  the  prince,  potentate,  state,  or 
sovereignty  of  which  he  was  before  a  citizen  or  subject;  that  he  will 
support  and  defend  the  Constitution  and  laws  of  the  United  States 
against  all  enemies,  foreign  and  domestic  and  bear  true  faith  and  al- 
legiance to  the  same. 

Fourth — It  shall  be  made  to  appear  to  the  satisfaction  of  the 
court  admitting  any  alien  to  citizenship  that  immediately  preceding 
the  date  of  his  application  he  has  resided  continuously  within  the 
United  States  five  years  at  least,  and  within  the  state  or  territory 
where  such  court  is  at  the  time  held  one  year  at  least,  and  that  during 
that  time  he  has  behaved  as  a  man  of  good  moral  character,  attached 
to  the  principles  of  the  Constitution  of  the  United  States,  and  well 
disposed  to  the  good  order  and  happiness  of  the  same.  In  addition  to 
the  oath  of  the  applicant,  the  testimony  of  at  least  two  witnesses,  citi- 
zens of  the  United  States,  as  to  the  facts  of  residence,  moral  character 
and  attachment  to  the  principles  of  the  Constitution  shall  be  required, 
and  the  name,  place  of  residence,  and  occupation  of  each  witness  shall 
be  set  forth  in  the  record. 

Fifth — In  case  the  alien  applying  to  be  admitted  to  citizenship 
has  borne  any  hereditary  title,  or  has  been  of  any  of  the  orders  of 
nobility  in  the  kingdom  or  state  from  which  he  came,  he  shall,  in  ad- 
dition to  the  above  requisites,  make  an  express  renunciation  of  his 
title  or  order  of  nobility  in  the  court  to  which  his  application  is  made, 
and  his  renunciation  shall  be  recorded  in  the  court. 

Sixth — "When  any  alien  who  has  declared  his  intention  to  become 
a  citizen  of  the  United  States  dies  before  he  is  actually  naturalized 
the  widow  and  minor  children  of  such  alien  may,  by  complying  with 
the  other  provisions  of  this  act,  be  naturalized  without  making  any 
declaration  of  intention. 

Sec.  5.  That  the  clerk  of  the  court  shall,  immediately  after  filing 
the  petition,  give  notice  thereof  by  posting  in  a  public  and  conspicuous 
place  in  his  office,  or  in  the  building  in  which  his  office  is  situated, 
under  an  appropriate  heading,  the  name,  nativity  and  residence  of  the 
alien,  the  date  and  place  of  his  arrival  in  the  United  States,  and  the 
date,  as  nearly  as  may  be,  for  the  final  hearing  of  his  petition,  and  the 
names  of  the  "witnesses  whom  the  applicant  expects  to  summon  in  his 
behalf;  and  the  clerk  shall,  if  the  applicant  requests  it,  issue  a  sub- 
poena for  the  witnesses  so  named  by  the  said  applicant  to  appear  upon 
the  day  set  for  the  final  hearing,  but  in  case  such  witnesses  can  not  be 
produced  upon  the  final  hearing  other  witnesses  may  be  summoned. 

Sec.  6.  That  petitions  for  naturalization  may  be  made  and  filed 
during  term  time  or  vacation  of  the  court  and  shall  be  docketed  the 


20  ELECTION   LAWS. 

0ame  day  as  filed,  but  final  action  thereon  shall  be  had  only  on  stated 
days,  to  be  fixed  by  rule  of  the  court,  and  in  no  case  shall  final  action 
be  had  upon  a  petition  until  at  least  ninety  days  have  elapsed  after 
filing  and  posting  the  notice  of  such  petition:  Provided,  that  no  per- 
son shall  be  naturalized  nor  shall  any  certificate  of  naturalization  be 
issued  by  any  court  within  thirty  days  preceding  the  holding  of  any 
general  election  within  its  territorial  jurisdiction.  It  shall  be  lawful, 
at  the  tini«  and  as  a  part  of  the  naturalization  of  any  alien,  for  the 
court,  in  its  discretion,  upon  the  petition  of  such  alien,  to  make  a  de- 
cree changing  the  name  of  said  alien,  and  his  certificate  of  naturaliza- 
tion shall  be  issued  to  him  in  accordance  therewith. 

Sec.  7.  That  no  person  who  disbelieves  in  or  who  is  opposed  to 
organized  government,  or  who  is  a  member  of  or  affiliated  with  any 
organization  entertaining  and  teaching  such  disbelief  in  or  opposition 
to  organized  government,  or  who  advocates  or  teaches  the  duty,  neces- 
sity, or  propriety  of  the  unlawful  assaulting  or  killing  of  any  officer 
or  officers,  either  of  specific  individuals  or  of  officers  generally,  of  the 
government  of  the  United  States,  or  of  any  other  organized  govern- 
ment, because  of  his  or  their  official  character,  or  who  is  a  polygamist, 
shall  be  naturalized  or  be  made  a  citizen  of  the  United  States. 

Sec.  8.  That  no  alien  shall  hereafter  be  naturalized  or  admitted 
as  a  citizen  of  the  United  States  who  can  not  speak  the  English  lan- 
guage :  Provided,  that  this  requirement  shall  not  apply  to  aliens  who 
are  physically  unable  to  comply  therewith  if  they  are  otherwise  quali- 
fied to  become  citizens  of  the  United  States;  and  provided  further^ 
that  the  requirements  of  this  section  shall  not  apply  to  any  alien  who 
has  prior  to  the  passage  of  this  act  declared  his  intention  to  become 
a  citizen  of  the  United  States  in  conformity  with  the  law  in  force  at 
the  date  of  making  such  declaration:  Provided  further,  that  the  re- 
quirements of  section  eight  shall  not  apply  to  aliens  who  shall  hereafter 
declare  their  intention  to  become  citizens  and  who  shall  make  home- 
stead entries  upon  the  public  lands  of  the  United  States  and  comply 
in  all  respects  with  the  laws  providing  for  homestead  entries  on  such 
lands. 

Sec.  9.  That  every  final  hearing  upon  such  petition  shall  be  had 
in  open  court  before  a  judge  or  judges  thereof,  and  every  final  order 
which  may  be  made  upon  such  petition  shall  be  under  the  hand  of  the 
court  and  entered  in  full  upon  a  record  kept  for  that  purpose,  and  upon 
such  final  hearing  of  such  petition  the  applicant  and  witnesses  shall  be 
examined  under  oath  before  the  court  and  in  the  presence  of  the  court. 

Sec.  10.  That  in  case  the  petitioner  has  not  resided  in  the  state, 
territory,  or  district  for  a  period  of  five  years  continuously  and  im- 
mediately preceding  the  filing  of  his  petition  he  may  establish  by  two 
witnesses,  both  in  his  petition  and  at  the  hearing,  the  time  of  his  resi- 
dence within  the  state,  provided  that  it  has  been  for  more  than  one 
year,  and  the  remaining  portion  of  his  five  years'  residence  within  the 
United  States  required  by  law  to  be  established  may  be  proved  by  the 
depositions  of  two  or  more  witnesses  who  are  citizens  of  the  United 
States,  upon  notice  to  the  bureau  of  immigration  and  naturalization 


FEDERAL   NATURALIZATION   LAWS.  21 

and  the  United  States  attorney  for  the  district  in  which  said  witnesses 
may  reside. 

Sec.  11.  That  the  United  States  shall  have  the  right  to  appear  be- 
fore any  court  or  courts  exercising  jurisdiction  in  naturalization  pro- 
ceedings for  the  purpose  of  cross-examining  the  petitioner  and  the 
witnesses  produced  in  support  of  his  petition  concerning  any  matter 
touching  or  in  any  way  affecting  his  right  to  admission  to  citizenship, 
and  shall  have  the  right  to  call  witnesses,  produce  evidence,  and  be 
heard  in  opposition  to  the  granting  of  any  petition  in  naturalization 
proceedings. 

Sec.  12.  That  it  is  hereby  made  the  duty  of  the  clerk  of  each  and 
every  court  exercising  jurisdiction  in  naturalization  matters  under  the 
provisions  of  this  act  to  keep  and  file  a  duplicate  of  each  declaration 
of  intention  made  before  him  and  to  send  to  the  bureau  of  immigration 
and  naturalization  at  Washington,  within  thirty  days  after  the  issu- 
ance of  a  certificate  of  citizenship,  a  duplicate  of  such  certificate,  and 
to  make  and  keep  on  file  in  his  office  a  stub  for  each  certificate  so  is- 
sued by  him,  whereon  shall  be  entered  a  memorandum  of  all  the  essen- 
tial facts  set  forth  in  such  certificate.  It  shall  also  be  the  duty  of  the 
clerk  of  each  of  said  courts  to  report  to  the  said  bureau,  within  thirty 
days  after  the  final  hearing  and  decision  of  the  court,  the  name  of  each 
and  every  alien  who  shall  be  denied  naturalization,  and  to  furnish  to 
said  bureau  duplicates  of  all  petitions  within  thirty  days  after  the  fil- 
ing of  the  same,  and  certified  copies  of  such  other  proceedings  and  or- 
ders instituted  in  or  issued  out  of  said  court  affecting  or  relating  to 
the  naturalization  of  aliens  as  may  be  required  from  time  to  time  by 
the  said  bureau. 

In  case  any  such  clerk  or  officer  acting  under  his  direction  shall 
refuse  or  neglect  to  comply  with  any  of  the  foregoing  provisions  he 
shaU  forfeit  and  pay  to  the  United  States  the  sum  of  twenty-five  dol- 
lars in  each  and  every  case  in  which  such  violation  or  omission  occurs, 
and  the  amount  of  such  forfeiture  may  be  recovered  by  the  United 
States  in  an  action  of  debt  against  such  clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in  naturaliza- 
tion matters  shall  be  responsible  for  all  blank  certificates  of  citizen- 
ship received  by  them  from  time  to  time  from  the  bureau  of  immi- 
gration and  naturalization,  and  shall  account  for  the  same  to  the  said 
bureau  whenever  required  so  to  do  by  such  bureau.  No  certificate 
of  citizenship  received  by  any  such  clerk  which  may  be  defaced  or  in- 
jured in  such  manner  as  to  prevent  its  use  as  herein  provided  shall  in 
any  case  be  destroyed,  but  such  certificate  shall  be  returned  to  the 
said  bureau ;  and  in  case  any  such  clerk  shall  fail  to  return  or  properly 
account  for  any  certificate  furnished  by  the  said  bureau,  as  herein  pro- 
vided, he  shall  be  liable  to  the  United  States  in  the  sum  of  fifty  dollars, 
to  be  recovered  in  an  action  of  debt,  for  each  and  every  certificate  not 
properly  accounted  for  or  returned. 

Sec.  13.  That  the  clerk  of  each  and  every  court  exercising  juris- 
diction in  naturalization  cases  shall  charge,  collect  and  account  for  the 
following  fees  in  each  proceeding : 


22  ELECTION   LAWS. 

For  receiving  and  filing  a  declaration  of  intention  and  issuing  a 
duplicate  thereof,  one  dollar. 

For  making,  filing  and  docketing  the  petition  of  an  alien  for  ad- 
mission as  a  citizen  of  the  United  States  and  for  the  final  hearing  there- 
on, two  dollars;  and  for  entering  the  final  order  and  the  issuance  of 
the  certificate  of  citizenship  thereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby  authorized  to 
retain  one-half  of  the  fees  collected  by  him  in  such  naturalization  pro- 
ceeding; the  remaining  one-half  of  the  naturalization  fees  in  each 
case  collected  by  such  clerks,  respectively,  shall  be  accounted  for  in 
their  quarterly  accounts,  which  they  are  hereby  required  to  render  the 
bureau  of  immigration  and  naturalization,  and  paid  over  to  such  bu- 
reau within  thirty  days  from  the  close  of  each  quarter  in  each  and 
every  fiscal  year,  and  the  moneys  so  received  shall  be  paid  over  to  the 
disbursing  clerk  of  the  department  of  commerce  and  labor,  who  shall 
thereupon  deposit  them  in  the  treasury  of  the  United  States,  render- 
ing an  account  therefor  quarterly  to  the  auditor  for  the  state  and 
other  departments,  and  the  said  disbursing  clerk  shall  be  held  respon- 
sible under  his  bond  for  said  fees  so  received. 

In  addition  to  the  fees  herein  required,  the  petitioner  shall,  upon 
the  filing  of  his  petition  to  become  a  citizen  of  the  United  States,  de- 
posit with  and  pay  to  the  clerk  of  the  court  a  sum  of  money  sufficient 
to  cover  the  expenses  of  subpoenaing  and  paying  the  legal  fees  of  any 
witnesses  for  whom  he  may  request  a  subpoena,  and  upon  the  final  dis- 
charge of  such  witnesses  they  shall  receive,  if  they  demand  the  same 
from  the  clerk,  the  customary  and  usual  witness  fees  from  the  moneys 
which  the  petitioner  shall  have  paid  to  such  clerk  for  such  purpose, 
and  the  residue,  if  any,  shall  be  returned  by  the  clerk  to  the  petitioner : 
Provided,  that  the  clerks  of  courts  exercising  jurisdiction  in  naturali- 
zation proceedings  shall  be  permitted  to  retain  one-half  of  the  fees  in 
any  fiscal  year  up  to  the  sum  of  three  thousand  dollars,  and  that  all 
fees  received  by  such  clerks  in  naturalization  proceedings  in  excess  of 
such  amount  shall  be  accounted  for  and  paid  over  to  said  bureau  as 
in  case  of  other  fees  to  which  the  United  States  may  be  entitled  under 
the  provisions  of  this  act.  The  clerks  of  the  various  courts  exercising 
jurisdiction  in  naturalization  proceedings  shall  pay  all  additional 
clerical  force  that  may  be  required  in  performing  the  duties  imposed 
by  this  act  upon  the  clerks  of  courts  from  fees  received  by  such  clerks 
in  naturalization  proceedings.  And  in  case  the  clerk  of  any  court  col- 
lects fees  in  excess  of  the  sura  of  six  thousand  dollars  in  any  one  year, 
the  secretary  of  commerce  and  labor  may  allow  to  such  clerk  from  the 
money  which  the  United  States  shall  receive,  additional  compensation 
for  the  employment  of  additional  clerical  assistance,  but  for  no  other 
purpose,  if  in  the  opinion  of  the  said  secretary  the  business  of  such 
clerk  warrants  such  allowance. 

Sec.  14.  That  the  declarations  of  intention  and  the  petitions  for 
naturalization  shall  be  bound  in  chronological  order  in  separate  vol- 
umes, indexed,  consecutively  numbered,  and  made  part  of  the  records 
of  the  court.    Each  certificate  of  naturalization  issued  shall  bear  upon 


FEDERAL  NATURALIZATION  LAWS.  23 

its  face,  in  a  place  prepared  therefor,  the  volume  number  and  page 
number  of  the  petition  whereon  such  certificate  was  issued,  and  the 
volume  number  and  page  number  of  the  stub  of  such  certificate. 

Sec.  15.  That  it  shall  be  the  duty  of  the  United  States  district 
attorneys  for  the  respective  districts,  upon  affidavit  showing  good 
cause  therefor,  to  institute  proceedings  in  any  court  having  jurisdic- 
tion to  naturalize  aliens  in  the  judicial  district  in  which  the  naturalized 
citizen  may  reside  at  the  time  of  bringing  the  suit,  for  the  purpose  of 
setting  aside  and  canceling  the  certificate  of  citizenship  on  the  ground 
of  fraud  or  on  the  ground  that  such  certificate  of  citizenship  was  il- 
legally procured.  In  any  such  proceedings  the  party  holding  the  cer- 
tificate of  citizenship  alleged  to  have  been  fraudulently  or  illegally 
procured  shall  have  sixty  days  personal  notice  in  which  to  make  an- 
swer to  the  petition  of  the  United  States;  and  if  the  holder  of  such 
certificate  be  absent  from  the  United  States  or  from  the  district  in 
which  he  last  had  his  residence,  such  notice  shall  be  given  by  publica- 
tion in  the  manner  provided  for  the  service  of  summons  by  publication 
or  upon  absentees  by  the  laws  of  the  state  or  the  place  where  such 
suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citizenship 
under  the  provisions  of  this  act  shall,  within  five  years  after  the  is- 
suance of  such  certificate,  return  to  the  country  of  his  nativity,  or  go 
to  any  other  foreign  country,  and  take  permanent  residence  therein,  it 
shall  be  considered  prima  facie  evidence  of  a  lack  of  intention  on  the 
part  of  such  alien  to  become  a  permanent  citizen  of  the  United  States 
at  the  time  of  filing  his  application  for  citizenship,  and,  in  the  ab- 
sence of  countervailing  evidence,  it  shall  be  sufficient  in  the  proper 
proceeding  to  authorize  the  cancellation  of  his  certificate  of  citizen- 
ship as  fraudulent,  and  the  diplomatic  and  consular  offices  of  the 
United  States  in  foreign  countries  shall  from  time  to  time,  through 
the  department  of  state,  furnish  the  department  of  justice  with  the 
names  of  those  within  their  respective  jurisdictions  who  have  such 
certificates  of  citizenship  and  who  have  taken  permanent  residence  in 
the  country  of  their  nativity,  or  in  any  other  foreign  country,  and  such 
statements,  duly  certified,  shall  be  admissible  in  evidence  in  all  courts 
in  proceedings  to  cancel  certificates  of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set  aside  or  can- 
celed, as  herein  provided,  the  court  in  which  such  judgment  or  decree 
is  rendered  shall  make  an  order  canceling  such  certificate  of  citizen- 
ship and  shall  send  a  certified  copy  of  such  order  to  the  bureau  of  im- 
migration and  naturalization;  and  in  case  such  certificate  was  not 
originally  issued  by  the  court  making  such  order  it  shall  direct  the 
clerk  of  the  court  to  transmit  a  copy  of  such  order  and  judgment  to 
the  court  out  of  which  such  certificate  of  citizenship  shall  have  been 
originally  issued.  And  it  shall  thereupon  be  the  duty  of  the  clerk  of 
the  court  receiving  such  certified  copy  of  the  order  and  judgment  of 
the  court  to  enter  the  same  of  record  and  to  cancel  such  original  cer- 
tificate of  citizenship  upon  the  records  and  to  notify  the  bureau  of  im- 
migration and  naturalization  of  such  cancellation. 


24  ELECTION   LAWS. 

The  proYisions  of  this  section  shall  apply  not  only  to  certificates 
of  citizenship  issued  under  the  provisions  of  this  act,  but  to  all  certifi- 
cates of  citizenship  which  may  have  been  issued  heretofore  by  any 
court  exercising  jurisdiction  in  naturalization  proceedings  under  prior 
laws. 

Sec.  16.  That  every  person  who  falsely  makes,  forges,  counter- 
feits, or  causes  or  procures  to  be  falsely  made,  forged,  or  counterfeited, 
or  knowingly  aids  or  assists  in  falsely  making,  forging  or  counterfeit- 
ing any  certificate  of  citizenship,  with  intent  to  use  the  same,  or  with 
the  intent  that  the  same  may  be  used  by  some  other  person  or  persons, 
shall  be  guilty  of  a  felony,  and  a  person  convicted  of  such  offense  shall 
be  punished  by  imprisonment  for  not  more  than  ten  years,  or  by  a 
fine  of  not  more  than  ten  thousand  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  17.  That  every  person  who  engraves  or  causes  or  procures 
to  be  engraved,  or  assists  in  engraving,  any  plate  in  the  likeness  of 
any  plate  designed  for  the  printing  of  a  certificate  of  citizenship,  or 
who  sells  any  such  plate,  or  who  brings  into  the  United  States  from  any 
foreign  place  any  such  plate,  except  under  the  direction  of  the  secre- 
tary of  commerce  and  labor,  or  other  proper  officer,  and  any  person 
who  has  in  his  control,  custody  or  possession  any  metallic  plate  en- 
graved after  the  similitude  of  any  plate  from  which  any  such  certifi- 
cate has  been  printed,  with  intent  to  use  such  plate  or  suffer  the  same 
to  be  used  in  forging  or  counterfeiting  any  such  certificate  or  any 
part  thereof;  and  every  person  who  prints,  photographs,  or  in  any 
other  manner  causes  to  be  printed,  photographed,  made  or  executed, 
any  print  or  impression  in  the  likeness  of  any  such  certificate,  or  any 
part  thereof,  or  who  sells  any  such  certificate,  or  brings  the  same  into 
the  United  States  from  any  foreign  place,  except  by  direction  of  some 
proper  officer  of  the  United  States,  or  who  has  in  his  possession  a 
distinctive  paper  which  has  been  adopted  by  the  proper  officer  of  the 
United  States  for  the  printing  of  such  certificate,  with  intent  to  un- 
lawfully use  the  same,  shall  be  punished  by  a  fine  of  not  more  than  ten 
thousand  dollars,  or  by  imprisonment  at  hard  labor  for  not  more  than 
ten  years,  or  by  both  such  fine  and  imprisonment. 

Sec.  18.  That  it  is  hereby  made  a  felony  for  any  clerk  or  other  per- 
son to  issue  or  be  a  party  to  the  issuance  of  a  certificate  of  citizenship 
contrary  to  the  provisions  of  this  act,  except  upon  a  final  order  under 
the  hand  of  a  court  having  jurisdiction  to  make  such  order,  and  upon 
conviction  thereof  such  clerk  or  other  person  shall  be  punished  by  im- 
prisonment for  not  more  than  five  years  and  by  a  fine  of  not  more 
than  five  thousand  dollars,  in  the  discretion  of  the  court. 

Sec.  19.  That  every  person  who  without  lawful  excuse  is  pos- 
sessed of  any  blank  certificate  of  citizenship  provided  by  the  bureau 
of  immigration  and  naturalization,  with  intent  unlawfully  to  use  the 
same,  shall  be  imprisoned  at  hard  labor  not  more  than  five  years  or  be 
fined  not  more  than  one  thousand  dollars. 

Sec.  20.  That  any  clerk  or  other  officer  of  a  court  having  power 
under  this  act  to  naturalize  aliens,  who  willfully  neglects  to  render 
true  accounts  of  moneys  received  by  him  for  naturalization  proceed- 


FEDERAL  NATURALIZATION  LAWS.  25 

ings,  or  who  willfully  neglects  to  pay  over  any  balance  of  such  moneys 
due  to  the  United  States  within  thirty  days  after  said  payment  shall 
become  due  and  demand  therefor  has  been  made  and  refused,  shall  be 
deemed  guilty  of  embezzlement  of  the  public  moneys,  and  shall  be 
punishable  by  imprisonment  for  not  more  than  five  years,  or  by  a  fine 
of  not  more  than  five  thousand  dollars,  or  both. 

Sec.  21.  That  it  shall  be  unlawful  for  any  clerk  of  any  court  or 
his  authorized  deputy  or  assistant  exercising  jurisdiction  in  naturaliza- 
tion proceedings  to  demand,  charge,  collect,  or  receive  any  other  or  ad- 
ditional fees  or  moneys  in  naturalization  proceedings  save  the  fees  and 
moneys  herein  specified ;  and  a  violation  of  any  of  the  provisions  of  this 
section  or  any  part  thereof  is  hereby  declared  to  be  a  misdemeanor 
and  shall  be  punished  by  imprisonment  for  not  more  than  two  years, 
or  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by  both  such 
fine  and  imprisonment. 

Sec.  22.  That  the  clerk  of  any  court  exercising  jurisdiction  in 
naturalization  proceedings,  or  any  person  acting  under  authority  of 
this  act,  who  shall  knowingly  certify  that  a  petitioner,  affiant,  or  wit- 
ness named  in  an  affidavit,  petition  or  certificate  of  citizenship,  or 
other  paper  or  writing  required  to  be  executed  under  the  provisions 
of  this  act,  personally  appeared  before  him  and  was  sworn  thereto,  or 
acknowledged  the  execution  thereof  or  signed  the  same,  when  in  fact 
such  petitioner,  affiant  or  witness  did  not  personally  appear  before 
him,  or  was  not  sworn  thereto,  or  did  not  execute  the  same,  or  did  not 
acknowledge  the  execution  thereof,  shall  be  punished  by  a  fine  not 
exceeding  five  thousand  dollars,  or  by  imprisonment  not  to  exceed 
five  years. 

Sec.  23.  That  any  person  who  knowingly  procures  naturalization 
in  violation  of  the  provisions  of  this  act  shall  be  fined  not  more  than 
five  thousand  dollars,  or  shall  be  imprisoned  not  more  than  five  years, 
or  both,  and  upon  conviction  the  court  in  which  such  conviction  is  had 
shall  thereupon  adjudge  and  declare  the  final  order  admitting  such 
person  to  citizenship  void.  Jurisdiction  is  hereby  conferred  on  the 
courts  having  jurisdiction  of  the  trial  of  such  offense  to  make  such 
adjudication.  Any  person  who  knowingly  aids,  advises  or  encourages 
any  person  not  entitled  thereto  to  apply  for  or  to  secure  naturaliza- 
tion, or  to  file  the  preliminary  papers  declaring  an  intent  to  become 
a  citizen  of  the  United  States,  or  who  in  any  naturalization  proceeding 
knowingly  procures  or  gives  false  testimony  as  to  any  material  fact, 
or  who  knowingly  makes  an  affidavit  false  as  to  any  material  fact  re- 
quired to  be  proved  in  such  proceeding,  shall  be  fined  not  more  than 
five  thousand  dollars,  or  imprisoned  not  more  than  five  years,  or  both. 

Sec.  24.  That  no  person  shall  be  prosecuted,  tried  or  punished  for 
any  crime  arising  under  the  provisions  of  this  act  unless  the  indict- 
ment is  found  or  the  information  is  filed  within  five  years  next  after 
the  commission  of  such  crime. 

Sec.  25.  That  for  the  purpose  of  the  prosecution  of  all  crimes 
and  offenses  against  the  naturalization  laws  of  the  United  States  which 
may  have  been  committed  prior  to  the  date  when  this  act  shall  go  into 


26  ELECTION   LAWS. 

effect,  the  existing  naturalization  laws  shall  remain  in  full  force  and 
effect. 

Sec.  27.    That  substantially  the  following  forms  shall  be  used  in 
the  proceedings  to  which  they  relate : 

DECLARATION  OF  INTENTION. 
(Invalid  for  all  purposes  seven  years  after  the  date  hereof.) 


I, ,  aged  years>  occupation  ,  do  declare  on  oath  (aflflrm) 

that   my  personal   description   is:   Color  ,   complexion  ,   height  ,   weight 

,  color  of  hair  ,   color  of  eyes  ,   other  visible  distinctive  marks  ;   I 

was  born  in  on  the  day  of  ,  anno  domini  ;  I  now  reside  at  ; 

I  emigrated  to  the  United  States  of  America  from  on  the  vessel  ;  my  last 

foreign  residence  was  .  It  is  my  bona  fide  intention  to  renounce  forever  all  al- 
legiance and  fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and  par- 
ticularly to  ,  of  which  I  am  now  a  citizen   (subject)  ;  I  arrived  at  the   (port)   of 

,  in  the  state    (territory  or  district)    of  on  or  about  the  day  of  

anno  domini  ;   I  am  not  an  anarchist;   I  am  not  a  polygamist  nor  a  believer  in 

the  practice  of  polygamy;  and  it  is  my  intention  in  good  faith  to  become  a  citizen  of 
the  United  States  of  America  and  to  permanently  reside  therein.     So  help  me  God. 

(Original  signature  of  declarant) . 

Subscribed  and  sworn  to   (affirmed)  before  me  this day  of ,  anno  domini 

[L.   S.] 


(Official  character  of  attestor.) 

PETITION    FOR    NATURALIZATION. 

Court  of  . 

In  the  matter  of  the  petition  of to  be  admitted  as  a  citizen  of  the  United 

States  of  America. 
To  the  Court: 

The  petition  of respectfully  shows : 

First.     My  full  name  is . 

Second.     My  place  of  residence  is  number street,  city  of  , 

state    (territory   or   district)    of . 

Third,     My  occupation  is  . 

Fourth.     I  was  born  on  the  day  of at  . 

Fifth.     I  emigrated  to  the  United  States  from ,  on  or  about  the day 

of ,  anno  domini ,  and  arrived  at  the  port  of ,  in  the  United  States, 

on  the  vessel  . 

Sixth.  I  declared  my  intention  to  become  a  citizen  of  the  United  States  on  the 
day  of  at  ,  in  the  court  of  . 

Seventh.     I   am  — married.     My  wife's  name   is  .      She  was  bom 

In  and  now  resides  at .     I  have children,  and  the  name,  date,  and 

place  of  birth  and  place  of  residence  of  said  children  is  as  follows: ;  

Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  organized  government  or  a  mem- 
ber of  or  affiliated  with  any  organization  or  body  of  persons  teaching  disbelief  in  or- 
ganized government.  I  am  not  a  polygamist  nor  a  believer  in  the  practice  of  polygamy, 
I  am  attached  to  the  principles  of  the  Constitution  of  the  United  States,  and  it  is  my 
Intention  to  become  a  citizen  of  the  United  States  and  to  renounce  absolutely  and  for- 
ever all  allegiance  and  fidelity  to  any  foreign  prince,  potentate,  State,  or  sovereignty, 

and  particularly  to  ,  of  which  at  this  time  I  am  a  citizen   (or  subject),  and  it  is 

my  intention  to  reside  permanently  in  the  United  States. 

Ninth.     I  am  able  to  speak  the  English  language. 

Tenth,  I  have  resided  continuously  in  the  United  States  of  America  for  a  term 
of  five  years  at   least   immediately  preceding  the  date  of  this  petition,   to  wit,   since 


FEDERAL   NATURALIZATION   LAWS.  27 

anno  domini ,  and  In  the  state  (territory  or  district)  of  for  one 


year  at  least  next  preceding  the  date  of  this  petition,  to  wit,  since day  of , 

anno  domini  . 

Eleventh.     I  have  not  heretofore  made  petition  for  citizenship  to  any  court.      (I 

made  petition  for  citizenship  to  the  court  of  at  ,  and  the  said 

petition  was  denied  by  the  said  court  for  the  following  reasons  and  causes,  to  wit, 
,  and  the  cause  of  such  denial  has  since  been  cured  or  removed). 

Attached  hereto  and  made  a  part  of  this  petition  are  my  declaration  of  Intention 
to  become  a  citizen  of  the  United  States  and  the  certificate  from  the  department  of 
commerce  and  labor  required  by  law.  Wherefore  your  petitioner  prays  that  he  may 
be  admitted  a  citizen  of  the  United  States  of  America. 

Dated . 

(Signature  of  petitioner) 


,  being  duly  sworn,  deposes  and  says  that  he  is  the  petitioner  In 

the  above  entitled  proceeding;  that  he  has  read  the  foregoing  petition  and  knows  the 
contents  thereof;  that  the  same  is  true  of  his  own  knowledge,  except  as  to  matters 
therein  stated  to  be  alleged  upon  information  and  belief,  and  that  as  to  those  matters 
he  believes  it  to  be  true. 

Subscribed  and  sworn  to  before  me  this day  of ,  anno  domini w 

[L.   S.] 


Clerk  of  the Court 


AFFIDAVIT  OF  WITNESSES. 


Court  of 


In  the  matter  of  the  petition  of  to  be  admitted  a  citizen  of  the  United 

States  of  America. 


.  occupation ,  residing  at ,  and ,  occupation 

,  residing  at ,  each  being  severally,  duly  and  respectively  sworn,  deposes  and 

says  that  he   is   a  citizen   of  the  United   States  of  America;    that  he  has  personally 

known ,  the  petitioner  above  mentioned,  to  be  a  resident  of  the  United 

States  for  a  period  of  at  least  five  years  continuously  Immediately  preceding  the  date 
of  filing  his  petition,  and  of  the  state  (territory  or  district)  in  which  the  above  en- 
titled application  is  made  for  a  period  of  years  Immediately  preceding  the  date 

of  filing  his  petition  and  that  he  has  personal  knowledge  that  the  said  petitioner  is  a 
person  of  good  moral  character,  attached  to  the  principles  of  the  Constitution  of  the 
United  States,  and  that  he  is  in  every  way  qualified,  in  his  opinion,  to  be  admitted  as  a 
citizen  of  the  United  Statea 


Subscribed  and  sworn  to  before  me  this  day  of  ,  nineteen  hundred 


and 


[L.  S.] 


Number 


(Oflficial  character  of  attestor.) 
CERTIFICATE  OF  NATURALIZATION. 


Petition,  volume  ,  page — . 

Stub,  volume  ,  page  . 

(Signature  of  holder) . 

Description  of  holder:     Age,  ;   height,  ;   color,  ;   complexion, 

— ;    color   of   eyes,   ;    color   of   hair,   ;    visible   distinguishing  marks, 

— .     Name,  age,  and  place  of  residence  of  wife,  ,  ,  .     Names, 


a^es,  and  places  of  residence  of  minor  children. 


28  ELECTION   LAWS. 

Be  It  remembered,  that  at  a  term  of  the  court  of  — ,  held  at 

on  the  day  of  ,   in  the  year  of  our  Lord  nineteen  hundred  and 

,   ,    who   previous   to  his    (her)    naturalization   was  a   citizen   or   subject 


of  ,  at  present  residing  at  number  street,  city    (town), 

state    (territory   or  district),   having  applied  to   be   admitted  a  citizen   of  the 

United  States  of  America  pursuant  to  law,  and  the  court  having  found  that  the 
petitioner  had  resided  continuously  within  the  United  States  for  at  least  five  years  and 
In  this  state  for  one  year  immediately  preceding  the  date  of  the  hearing  of  his  (her) 
petition,  and  that  said  petitioner  intends  to  reside  permanently  in  the  United  States, 
had  in  all  respects  complied  with  the  law  in  relation  thereto,  and  that  — he  was  en- 
titled to  be  so  admitted,  it  was  thereupon  ordered  by  the  said  court  that  — ^he  be 
admitted  as  a  citizen  of  the  United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto  affixed  on  the day 

of  ,  in  the  year  of  our  Lord  nineteen  hundred  and  and  of  our  Inde- 
pendence the . 

[L.  S.]  , 

'   '  (Official  character  of  attestor.) 

STUB   OF  CERTIFICATE   OF  NATURALIZATION. 

No.  of  certificate,  . 

Name ;  age,  . 

Declaration  of  Intention,  volume  ,  page  . 

Petition,  volume ,  page . 

Name,  age,  and  place  of  residence  of  wife,  ,  ,  .     Names,  ages, 

and   places   of   residence   of  minor  children,   ,   ,   ;    ,   , 


Date  of  order,  volume ,  page . 

(Signature  of  holder) 


Sec.  28.  That  the  secretary  of  commerce  and  labor  shall  have 
power  to  make  such  rules  and  regulations  as  may  be  necessary  for 
properly  carrying  into  execution  the  various  provisions  of  this  act. 
Certified  copies  of  all  papers,  documents,  certificates,  and  records  re- 
quired to  be  used,  filed,  recorded  or  kept  under  any  and  all  of  the 
provisions  of  this  act  shall  be  admitted  in  evidence  equally  with  the 
originals  in  any  and  all  proceedings  under  this  act  and  in  all  cases  in 
which  the  originals  thereof  might  be  admissible  as  evidence. 

Sec.  30.  That  all  the  applicable  provisions  of  the  naturalization 
laws  of  the  United  States  shall  apply  to  and  be  held  to  authorize  the 
admission  to  citizenship  of  all  persons  not  citizens  who  owe  perma- 
nent allegiance  to  the  United  States,  and  who  may  become  residents 
of  any  state  or  organized  territory  of  the  United  States  with  the  fol- 
lowing modifications:  The  applicant  shall  not  be  required  to  re- 
nounce allegiance  to  any  foreign  sovereignty ;  he  shall  make  his  decla- 
ration of  intention  to  become  a  citizen  of  the  United  States  at  least 
two  years  prior  to  his  admission ;  and  residence  within  the  jurisdiction 
of  the  United  States,  owing  such  permanent  allegiance  shall  be  re- 
garded as  residence  within  the  United  States  within  the  meaning  of 
the  five  years*  residence  clause  of  the  existing  law. 

(United  States  Revised  Statutes — Title,  Naturalization.) 
Sec.  2166.    Any  alien,  of  the  age  of  twenty-one  years  and  upward, 
who  has  enlisted,  or  may  enlist,  in  the  armies  of  the  United  States, 
either  the  regular  or  the  volunteer  forces,  and  has  been,  or  may  be 


FEDERAL  NATURALIZATION  LAWS.  29 

hereafter,  honorably  discharged,  shall  be  admitted  to  become  a  citizen 
of  the  United  States,  upon  his  petition,  without  any  previous  declara- 
tion of  his  intention  to  become  such ;  and  he  shall  not  be  required  to 
prove  more  than  one  year's  residence  within  the  United  States  pre- 
vious to  his  application  to  become  such  citizen;  and  the  court  admit- 
ting such  alien  shall,  in  addition  to  such  proof  of  residence  and  good 
moral  character,  as  now  provided  by  law,  be  satisfied  by  competent 
proof  of  such  person's  having  been  honorably  discharged  from  the 
service  of  the  United  States. 

Sec.  2169.  (As  amended,  1875) — The  provisions  of  this  title  shall 
apply  to  aliens  being  free  white  persons,  and  to  aliens  of  African  na- 
tivity and  to  persons  of  African  descent. 

Sec.  2171.  No  alien  who  is  a  native  citizen  or  subject,  or  a  denizen 
of  any  country,  state  or  sovereignty  with  which  the  United  States  are 
at  war,  at  the  time  of  his  application,  shall  be  then  admitted  to  become 
a  citizen  of  the  United  States ;  but  persons  resident  within  the  United 
States,  or  the  territories  thereof,  on  the  eighteenth  day  of  June,  in  the 
year  one  thousand  eight  hundred  and  twelve,  who  had  before  that  day 
made  a  declaration,  according  to  law,  of  their  intention  to  become  citi- 
zens of  the  United  States,  or  who  were  on  that  day  entitled  to  become 
citizens  without  making  such  declaration,  may  be  admitted  to  become 
citizens  thereof,  notwithstanding  they  were  alien  enemies  at  the  time 
and  in  the  manner  prescribed  by  the  laws  heretofore  passed  on  that 
subject;  nor  shall  anything  herein  contained  be  taken  or  construed  to 
interfere  with  or  prevent  the  apprehension  and  removal,  agreeably 
to  law,  of  any  alien  enemy  at  any  time  previous  to  the  actual  naturali- 
zation of  such  alien. 

Sec.  2172.  The  children  of  persons  who  have  been  duly  natural- 
ized under  any  law  of  the  United  States,  or  who,  previous  to  the  pass- 
ing of  any  law  on  that  subject,  by  the  government  of  the  United  States, 
may  have  become  citizens  of  any  one  of  the  states,  under  the  laws 
thereof,  being  under  the  age  of  twenty-one  years  at  the  time  of  the 
naturalization  of  their  parents,  shall,  if  dwelling  in  the  United  States,  be 
considered  as  citizens  thereof;  and  the  children  of  persons  who  now 
are,  or  have  been,  citizens  of  the  United  States,  shall,  though  born  out 
of  the  limits  and  jurisdiction  of  the  United  States,  be  considered  as 
citizens  thereof ;  but  no  person  heretofore  proscribed  by  any  state,  or 
who  has  been  legally  convicted  of  having  joined  the  army  of  Great 
Britain  during  the  revolutionary  war,  shall  be  admitted  to  become  a 
citizen  without  the  consent  of  the  legislature  of  the  state  in  which 
such  person  was  proscribed. 

Sec.  2174.  Every  seaman,  being  a  foreigner,  who  declares  his  in- 
tention of  becoming  a  citizen  of  the  United  States  in  any  competent 
court,  and  shall  have  served  three  years  on  board  of  a  merchant  vessel 
of  the  United  States  subsequent  to  the  date  of  such  declaration,  may, 
on  his  application  to  any  competent  court,  and  the  production  of  his 
<;ertificate  of  discharge  and  good  conduct  during  that  time,  together 
with  the  certificate  of  his  declaration  of  intention  to  become  a  citizen, 
be  admitted  a  citizen  of  the  United  States  and  every  seaman,  being  a 


30  ELECTION   LAWS. 

foreigner,  shall,  after  his  declaration  of  intention  to  become  a  citizen 
of  the  United  States,  and  after  he  shall  have  served  such  three  years, 
be  deemed  a  citizen  of  the  United  States  for  the  purpose  of  manning 
and  serving  on  board  any  merchant  vessel  of  the  United  States,  any- 
thing to  the  contrary  in  any  act  of  congress  notwithstanding ;  but  such 
seaman  shall,  for  all  purposes  of  protection  as  an  American  citizen,  be 
deemed  such,  after  the  filing  of  his  declaration  of  intention  to  become 
such  citizen. 

[Act  of  May  6,  1882,  Chap.  126,  Sec.  14,  22  Stat.  61.] 

Sec.  14.  That  hereafter  no  state  court  or  court  of  the  United 
States  shall  admit  Chinese  to  citizenship ;  and  all  laws  in  conflict  with 
this  act  are  hereby  repealed. 

[Act  of  July  26,  1894,  Chap.  165,  28  Stat.  124.] 

Any  alien  of  the  age  of  twenty-one  years  and  upward  who  has 
enlisted  or  may  enlist  in  the  United  States  navy  or  marine  corps,  and 
has  served  or  may  hereafter  serve  five  consecutive  years  in  the  United 
States  navy  or  one  enlistment  in  the  United  States  marine  corps,  and 
has  be«n  or  may  hereafter  be  honorably  discharged,  shall  be  admitted 
to  become  a  citizen  of  the  United  States  upon  his  petition,  without 
any  previous  declaration  of  his  intention  to  become  such ;  and  the  court 
admitting  such  alien  shall,  in  addition  to  proof  of  good  moral  char- 
acter, be  satisfied  by  competent  proof  of  such  person's  service  in  and 
honorable  discharge  from  the  United  States  navy  or  marine  corps. 

[Stat.  1905-6,  Part  I,  p.  630.] 

Naturalization  certificates  issued  after  the  act  approved  Marck 
third,  nineteen  hundred  and  three,  entitled  *'An  act  to  regulate  the 
immigration  of  aliens  into  the  United  States,"  went  into  effect,  which 
fail  to  show  that  the  courts  issuing  said  certificates,  complied  with 
the  requirements  of  section  thirty-nine  of  said  act,  but  which  were 
otherwise  lawfully  issued,  are  hereby  declared  to  be  as  valid  as  though 
said  certificates  complied  with  said  section :  Provided,  that  in  all  such 
cases  applications  shall  be  made  for  new  naturalization  certificates,  and 
when  the  same  are  granted,  upon  compliance  with  the  provisions  of 
said  act  of  nineteen  hundred  and  three,  they  shall  relate  back  to  the 
defective  certificates,  and  citizenship  shall  be  deemed  to  have  been  per- 
fected at  the  date  of  the  defective  certificate. 

Sec  2.  All  the  records  relating  to  naturalization,  all  declarations 
of  intention  to  become  citizens  of  the  United  States,  and  all  certificates 
of  naturalization  filed,  recorded,  or  issued  prior  to  the  time  when  this 
act  takes  effect  in  or  from  the  criminal  court  of  Cook  county,  Illinois, 
shall  for  all  purposes  be  deemed  to  be  and  to  have  been  made,  filed, 
recorded,  or  issued  by  a  court  with  jurisdiction  to  naturalize  aliens, 
but  shall  not  be  by  this  act  further  validated  or  legalized. 

Note.— As  to  manner  of  acquiring  citizenship  by  other  means  than  naturalization, 
see  Sees.  1992  to  1995,   Inclusive,  of  the  United  States  Revised  Statutes. 


ELECTION  LAWS  OF  MISSOURI 


CHAPTER  2— ARTICLE   XHI. 

PUBLIC  ADMINISTRATORS. 

Sec.  299.  To  be  elected,  when — oath  and  bond. — Every  county  in 
this  state,  and  the  city  of  St.  Louis,  shaU  elect  a  public  administrator 
at  the  general  election  in  the  year  1880,  and  every  four  years  there- 
after, who  shaU  he  ex  officio  public  guardian  and  curator  in  and  for  his 
county.  Before  entering  on  the  duties  of  his  office,  he  shall  take  the 
oath  required  by  the  Constitution,  and  enter  into  bond  to  the  state  of 
Missouri  in  a  sum  not  less  than  ten  thousand  dollars,  with  two  or 
more  securities,  approved  by  the  court  and  conditioned  that  he  wiU 
faithfully  discharge  all  the  duties  of  his  office,  which  said  bond  shall  be 
given  and  oath  of  office  taken  on  or  before  the  first  day  of  January  fol- 
lowing his  election,  and  it  shall  be  the  duty  of  the  judge  of  the  court  to 
require  the  public  administrator  to  make  a  statement  annually,  under 
oath,  of  the  amount  of  property  in  his  hands  or  under  his  control  as 
such  administrator,  for  the  purpose  of  ascertaining  the  amount  of  bond 
necessary  to  secure  such  property ;  and  the  court  may  from  time  to  time, 
as  occasion  shall  require,  demand  additional  security  of  such  adminis- 
trator, and,  in  default  of  giving  the  same  within  twenty  days  after  such 
demand,  may  remove  the  administrator  and  appoint  another.  (R.  S, 
1899,  §  289.) 


CHAPTER  10— ARTICLE  H. 

CIRCUIT  AND  PROSECUTING  ATTORNEYS. 

Sec.  975.    Election  of  circuit  attorney  for  city  of  St.  Louis. — At 

the  general  election  to  be  held  in  this  state  in  the  year  1892,  and  every 
four  years  thereafter,  there  shall  be  elected  in  the  city  of  St.  Louis  one 
circuit  attorney,  who  shall  reside  in  said  city,  and  shall  possess  the  same 
qualifications  and  be  subject  to  the  same  duties  that  are  prescribed  by 
this  article  for  prosecuting  attorneys  throughout  the  state,  and  it  shall 
be  the  duty  of  the  city  register  of  said  city  to  transmit  to  the  secretary 
of  state  an  abstract  of  the  votes  given  for  each  candidate  for  circuit  at- 
torney in  said  city,  in  the  same  manner  as  is  required  by  law  of  clerks 
of  county  courts.     (R.  S.  1899,  §  4959,  amended.  Laws  1907,  p.  70.) 

(31) 


32  ELECTION   LAWS. 

Sec.  976.  Prosecuting  and  assistant  prosecuting  attorney  of  St. 
Louis. — At  the  general  election  to  be  held  in  this  state  in  the  year  1890,. 
and  every  four  years  thereafter,  there  shall  be  elected  in  the  city  of  St. 
Louis,  for  the  St.  Louis  court  of  criminal  correction,  one  prosecuting 
attorney  and  one  assistant  prosecuting  attorney,  who  shall  reside  in  said 
city  and  shall  possess  the  same  qualifications  and  be  subject  to  the  same 
duties  as  are  now  provided  by  law  for  the  government  of  said  officers; 
and  the  duty  of  transmitting  the  abstract  of  the  votes  by  which  said 
officers  are  elected,  heretofore  devolving  upon  the  county  clerk,  sh^U  be 
performed  by  the  register  of  said  city,  as  provided  in  section  975.  (R. 
S.  1899,  §  4961.) 

Sec.  1000.  Election  and  qualifications  of  prosecuting  attorneys. — 
At  the  general  election  to  be  held  in  this  state  in  the  year  A.  D.  1880, 
and  every  two  years  thereafter,  there  shall  be  elected,  in  each  county 
of  this  state,  a  prosecuting  attorney,  who  shall  be  a  person  learned  in 
the  law,  duly  licensed  to  practice  as  an  attorney  at  law  in  this  state  and 
enrolled  as  such,  at  least  twenty-one  years  of  age,  and  shall  hold  his 
office  for  two  years,  and  until  his  successor  is  elected,  commissioned 
and  qualified.     (R.  S.  1899,  §  4944.) 

Sec.  1002.  Election  of. — Elections  under  this  chapter  shall  be  gov- 
erned by  the  general  law  regulating  elections.     (R.  S.  1899,  §  4946.) 

Sec.  1003.  Duties  of  county  clerk. — The  clerk  of  the  county  court 
of  each  county  shall  transmit  to  the  secretary  of  state  an  abstract  of 
the  votes  given  for  each  candidate  for  prosecuting  attorney  in  his  county. 
(R.  S.  1899,  §  4947.) 


CHAPTER  23. 


CLERKS  OF  COURTS  OF  RECORD. 

Sec.  2673.  Election — term  of  office — commission. — ^At  the  general 
election  in  the  year  eighteen  hundred  and  eighty-two,  and  every  four 
years  thereafter,  except  as  hereinafter  provided,  the  clerks  of  all  courts 
of  record,  except  of  the  supreme  court,  the  St.  Louis  court  of  appeals, 
and  except  as  otherwise  provided  by  law,  shall  be  elected  by  the  quali- 
fied voters  of  each  county  and  of  the  city  of  St.  Louis,  who  shall  be 
commissioned  by  the  governor,  and  shall  enter  upon  the  discharge  of 
their  duties  on  the  first  Monday  in  January  next  ensuing  their  election, 
and  shall  hold  their  offices  for  the  term  of  four  years,  and  until  their 
successors  shall  be  duly  elected  and  qualified,  unless  sooner  removed 
from  office.     (R.  S.  1899,  §  513.) 


CONGRESSIONAL   AND   ELECTORAL  DISTRICTS. 


33 


CHAPTER  27. 

CONGRESSIONATi 

AND 

ELECTORATE  DISTRICTS. 

SECTION 

SECTION 

2726. 

state  divided  Into  sixteen  districts. 

2743. 

New  coxinties. 

2727. 

First  district 

2744. 

Electoral  districts. 

2728. 

Second  district 

2745. 

New  apportionment — duty  of  gov- 

2729. 

Ttiird   district 

ernor. 

2730. 

Fourth  district 

2746. 

Notice  to  be  given. 

2731. 

Fiftli  district 

2747. 

Election  of  electors. 

2732. 

Sixtli  district 

2748. 

How  conducted. 

2733. 

Seventti  district 

2749. 

Returns,  how  certified. 

2734. 

Eighth  district 

2750. 

Governor  to  cast  up  votes,  etc. 

2735. 

Ninth  district 

2751. 

Tie  vote,  how  determined. 

2736. 

Tenth  district 

2752. 

Governor  to  notify  electors. 

2737. 

Eleventh  district 

2753. 

Contested  elections. 

2738. 

Twelfth  district 

2754. 

List   of   electors   to   be   delivered. 

2739. 

Thirteenth  district 

etc 

2740. 

Fourteenth  district 

2755. 

Compensation  of  electors. 

2741. 

Fifteenth  district 

2756. 

Elector    failing    to    attend,    plaoe^ 

2742. 

Sixteenth  district 

how  supplied. 

Sec.  2726.    State  divided  into  sixteen  congressional  districts. — The 

state  of  Missouri  is  hereby  divided  into  sixteen  congressional  districts, 
the  legal  voters  of  each  district  to  elect  one  member  of  congress  of  the 
United  States.     (Laws  1901,  p.  87.) 

Sec.  2727.  First  district. — The  First  district  shall  be  composed 
of  the  counties  of  Adair,  Clark,  Knox,  Lewis,  Macon,  Marion,  Putnam, 
Schuyler,  Scotland  and  Shelby.     (Laws  1901,  p.  87.) 

Sec.  2728.  Second  district.— The  Second  district  shall  be  com- 
posed of  the  counties  of  Chariton,  Carroll,  Grundy,  Linn,  Livingston, 
Monroe,  Randolph  and  Sullivan.     (Laws  1901,  p.  87.) 

Sec.  2729.  Third  district.— The  Third  district  shall  be  composed 
of  the  counties  of  Caldwell,  Clay,  Clinton,  DeKalb,  Daviess,  Gentry, 
Harrison,  Mercer,  Ray  and  Worth.     (Laws  1901,  p.  87.) 

Sec.  2730.  Fourth  district. — The  Fourth  district  shall  be  com- 
posed of  the  counties  of  Andrew,  Atchison,  Buchanan,  Holt,  Nodaway 
and  Platte.     (Laws  1901,  p.  87.) 

Sec.  2731.  Fifth  district.— The  Fifth  district  shall  be  composed  of 
the  county  of  Jackson.     (Laws  1901,  p.  87.) 

Sec.  2732.  Sixth  district. — The  sixth  district  shall  be  composed 
of  the  counties  of  Bates,  Cass,  Cedar,  Dade,  Henry,  Johnson  and  St. 
Clair.     (Laws  1901,  p.  87.) 

Sec.  2733.  Seventh  district.— The  Seventh  district  shall  be  com- 
posed of  the  counties  of  Benton,  Greene,  Hickory,  Howard,  Lafayette, 
Pettis,  Polk  and  Saline.     (Laws  1901,  p.  87.) 

Sec.  2734.  Eighth  district.— The  Eighth  district  shall  be  com- 
posed of  the  counties  of  Boone,  Camden,  Cole,  Cooper,  Miller,  Moniteau, 
Morgan  and  Osage.     (Laws  1901,  p.  87.) 

Sec.  2735.  Ninth  district. — The  Ninth  district  shall  be  composed 
of  the  counties  of  Audrain,  Callaway,  Franklin,  Gasconade,  Lincoln, 
Montgomery,  Pike,  Ralls,  St.  Charles  and  Warren.  (Laws  1901,  p. 
87.) 

E  L — 3 


34  .  ELECTION  LAWS. 

Sec.  2736.  Tenth  district — The  Tenth  district  shall  be  composed 
of  the  county  of  St.  Louis,  and  all  that  portion  of  the  city  of  St.  Louis 
included  in  the  following  wards  and  part  of  a  ward,  to  wit :  The  First, 
Seventh,  Eighth,  Ninth,  Tenth,  Eleventh,  Twelfth,  Nineteenth,  Twenty- 
fourth  and  Twenty-eighth  wards  and  precinct  eleven  of  the  Twenty- 
seventh  ward  as  said  wards  and  precincts  are  now  constituted.  (Laws 
1901,  p.  87.) 

Sec.  2737.  Eleventh  district — The  Eleventh  district  shall  be  com- 
posed of  all  that  portion  of  the  city  of  St.  Louis  included  in  the  fol- 
lowing wards  and  parts  of  a  ward,  to  wit:  The  Second,  Third,  Six- 
teenth, Seventeenth,  Eighteenth,  Twentieth,  Twenty-first  and  Twenty- 
sixth  wards  and  precincts  one,  two,  three,  four,  five,  six,  seven,  eight, 
nine  and  ten  of  the  Twenty-seventh  ward  as  said  wards  and  precincts 
are  now  constituted.     (Laws  1901,  p.  87.) 

Sec.  2738.  Twelfth  district.— The  Twelfth  district  shall  be  com- 
posed of  all  that  portion  of  the  city  of  St.  Louis  included  in  the  fol- 
lowing ward  district,  to  wit:  The  Fourth,  Fifth,  Sixth,  Thirteenth, 
Fourteenth,  Fifteenth,  Twenty-second,  Twenty-third  and  Twenty-fifth 
wards  as  said  wards  are  now  constituted.     (Laws  1901,  p.  87.) 

Sec.  2739.  Thirteenth  district. — The  Thirteenth  district  shall  be 
composed  of  the  counties  of  Carter,  Iron,  JeJBferson,  Reynolds,  Madison, 
Perry,  St.  Francois,  Ste.  Genevieve,  "Washington,  "Wayne  and  Bollinger. 
(Laws  1901,  p.  87.) 

Sec.  2740.  Fourteenth  district. — The  Fourteenth  district  shall  be 
composed  of  the  counties  of  Butler,  Cape  Girardeau,  Christian,  Douglas, 
Dunklin,  Howell,  Mississippi,  New  Madrid,  Oregon,  Ozark,  Pemiscot, 
Ripley,  Scott,  Stoddard,  Stone  and  Taney.     (Laws  1901,  p.  87.) 

Sec.  2741.  Fifteenth  district. — The  Fifteenth  district  shall  be 
composed  of  the  counties  of  Barry,  Barton,  Jasper,  Lawrence,  Mc- 
Donald, Newton  and  Vernon.     (Laws  1901,  p.  87.) 

Sec.  2742.  Sixteenth  district. — The  Sixteenth  district  shall  be 
composed  of  the  counties  of  Crawford,  Dallas,  Dent,  Laclede,  Maries, 
Phelps,  Pulaski,  Texas,  Webster,  Wright  and  Shannon.  (Laws  1901, 
p.  87.) 

Sec.  2743.  New  counties. — When  any  new  county  shall  be  organ- 
ized, such  county  shall  constitute  and  form  a  portion  of  the  same  con- 
gressional district  embracing  at  the  time  the  county  or  counties  from 
which  such  new  county  shall  be  organized;  and  if  any  such  county 
shall  be  organized  from  two  or  more  counties  lying  in  different  con- 
gressional districts,  then  such  county  shall  form  and  constitute  a  part 
of  the  congressional  district  embracing,  at  the  time,  the  greater  portion 
of  the  territory  constituting  such  county  thus  organized.  (R.  S. 
1899,  §  6615.) 

Sec.  2744.  Electoral  districts. — Hereafter,  at  all  elections  held  in 
this  state  for  the  offices  of  president  and  vice-president  of  the  United 
States,  the  electoral  districts  shall  be  the  same  as  the  congressional  dis- 
tricts into  which  the  state  shall  be  divided,  and  the  same  number  of  elec- 
tors as  there  may  be  districts,  shall  be  chosen  by  the  qualified  voters, 
one  of  whom  shall  be  a  resident  of  each  district ;  and  in  addition  thereto, 
two  electors  shall  be  chosen  by  the  state  at  large.     (R.  S.  1899,  §  6616.) 


CONGRESSIONAL  AND   ELECTORIAL  DISTRICTS.  35 

Sec.  2745.  New  apportionment — duty  of  governor. — When  any 
new  apportionment  shall  be  made  of  the  members  to  be  elected  to  the 
house  of  representatives  of  the  United  States,  whereby  the  number 
of  electors  to  which  this  state  may  be  entitled  shall  be  increased  or 
diminished,  it  shall  be  the  duty  of  the  governor  to  lay  off  the  state 
into  as  many  districts  as  shall  be  equal  to  the  number  of  electors  to 
which  this  state  shall  then  be  entitled,  so  that  the  said  districts  contain, 
as  near  as  may  be,  an  equal  number  of  inhabitants.  (R.  S.  1899,  § 
6617.) 

Sec.  2746.  Notice  to  be  given. — It  shall  be  the  duty  of  the  gover- 
nor, whenever  he  shall  exercise  the  power  hereby  vested  in  him,  to 
give  notice  of  the  division  made  by  him,  by  proclamation,  to  be  pub- 
lished in  not  to  exceed  two  newspapers  in  each  of  said  districts  in  this 
state,  sixty  days  at  least  before  the  first  election  under  such  arrange- 
ment.    (R.  S.  1899,  §  6618.) 

Sec.  2747.  Election  of  electors. — The  qualified  voters  in  each  of 
said  districts  shall  meet  at  their  respective  places  of  holding  elections  on 
the  first  Tuesday  after  the  first  Monday  of  November,  in  the  year  one 
thousand  eight  hundred  and  eighty,  and  on  the  first  Tuesday  after  the 
first  Monday  in  November  every  four  years  thereafter,,  unless  the  congress 
of  the  United  States  shall  appoint  a  different  day;  and  in  that  case,  on 
such  day  as  the  said  congress  shall  appoint,  and  shall  proceed  to  elect  as 
many  fit  persons  as  the  state  shall  then  be  entitled  to  elect,  as  electors  of 
president  and  vice-president,  one  of  whom  shall  be  a  resident  of  each  dis- 
trict.    (R.  S.  1899,  §  6619.) 

Sec.  2748.  How  conducted. — The  election  shall  be  conducted  by 
the  judges  who  may  have  been  appointed  to  hold  the  general  election  for 
the  same  year,  and  under  the  same  regulations,  and  have  the  public  no- 
tice thereof  given  by  the  sheriff  in  each  county  as  is  or  may  be  required 
by  law  regulating  such  general  elections.     (R.  S.  1899,  §  6620.) 

Sec.  2749.  Returns,  how  certified.— It  shall  be  the  duty  of  the 
judges  of  such  elections  in  the  different  townships  to  make  returns  there- 
of to  the  clerks  of  the  county  courts  of  their  respective  counties,  within 
two  days  after  such  election,  which  clerks  shall,  within  eight  days  after 
they  receive  such  returns,  certify  and  transmit  the  same  to  the  governor, 
by  delivering  them  into  the  nearest  postoffice  on  the  most  direct  route  to 
the  seat  of  government.  If  there  shall  be  a  failure  to  receive  any  of  the 
returns  at  the  seat  of  government  for  one  mail  after  the  same  is  due,  the 
secretary  of  state  may  dispatch  a  messenger  to  the  county  not  returned, 
with  directions  to  bring  up  said  returns  to  the  governor.  (R.  S.  1899,  § 
6621.) 

Sec.  2750.  Governor  to  cast  up  votes,  etc. — The  governor,  on  re- 
ceipt of  the  certificates  from  the  several  counties  in  each  district  which 
he  may  have  received  within  fifteen  days  after  the  day  of  election,,  shall 
immediately  add  up  the  vote  from  the  several  counties,  and  the  person 
residing  in  any  one  district  having  the  highest  number  of  votes  given  in 
the  state  for  any  one  person  residing  in  the  same  district,  shall  by  him 
be  declared  duly  elected  elector  for  said  district.     (R.  S.  1899,  §  6622.) 


36  ELECTION  LAWS. 

Sec.  2751.  Tie  vote,  how  determined. — ^If  two  or  more  persons, 
residing  in  one  district  shall  have  an  equal  number  of  votes  given  in  the 
state,  as  aforesaid,  and  more  than  any  other  person  residing  in  the  same 
district,  the  governor  shall  immediately  notify  the  general  afisembly 
thereof,  and  such  election  shall  be  determined  by  joint  vote  of  both 
houses  of  the  general  assembly,  by  choosing  one  of  the  persons  so  hav- 
ing an  equal  number  of  votes.     (R.  S.  1899,  §  6623.) 

Sec.  2752.  Governor  to  notify  electors. — It  shall  be  the  duty  of 
the  governor,  at  the  expense  of  the  state,  in  all  cases  to  immediately 
notify  the  persons  chosen  of  their  election,  as  soon  as  the  same  shall 
have  been  ascertained,  agreeably  to  the  provisions  aforesaid.  (R.  S. 
1899,  §  6624.) 

Sec.  2753.  Contested  elections. — ^AU  contested  elections  for  elec- 
tors shall  be  determined  by  joint  vote  of  both  houses  of  the  general  aa- 
sembly,  and  the  proceedings  in  contesting  such  election  shall  be  the 
same,  in  all  respects,  as  in  contested  elections  for  governor.  (R.  S.  1899, 
§  6625.) 

Sec.  2754.  List  of  electors  to  be  delivered,  etc. — The  governor 
shall,  on  or  before  the  meeting  of  such  electors,  cause  three  lists  of  the 
names  of  such  electors  to  be  made  and  delivered  to  them,  as  required  by 
act  of  congress.  The  persons  employed  in  giving  the  notices,  or  convey- 
ing the  returns  aforesaid,  shall  be  allowed  five  cents  for  every  mile  such 
person  may  travel  in  going  and  returning  in  the  performance  of  any  of 
the  services  aforesaid,  to  be  audited  and  paid  as  other  claims.  (R.  S. 
1899,  §  6626.) 

Sec.  2755.  Compensation  of  electors. — The  electors  shall  receive 
for  their  services  the  same  compensation  as  the  members  of  the  general 
assembly,  and  the  governor  shall  audit  their  accounts  and  grant  them 
certificates  for  the  amounts  ascertained  to  be  due,  which  certificates  shall 
be  sufficient  vouchers  to  authorize  the  state  auditor  to  draw  his  warrant 
for  the  amount,  which  shall  be  paid  out  of  the  state  treasury  as  other 
demands.     (R.  S.  1899,  §  6627.) 

Sec.  2756.  Elector  failing  to  attend,  place,  how  supplied. — If  any 
of  the  electors  appointed  under  this  chapter  shall  fail  to  attend  at  the 
seat  of  government  by  the  hour  of  two  o'clock  in  the  afternoon  of  the 
day  appointed  by  act  of  congress  for  their  meeting,  then  the  electors 
present  may  appoint  other  persons  to  act  as  electors  in  the  place  of  those 
absent;  and  if  there  be  a  failure  to  elect,  the  electors  attending  at  such 
time  and  place  shall  appoint  some  suitable  person  or  persons,  as  the  case 
may  be,  to  fill  the  vacancy  or  vacancies  existing  by  reason  thereof.  (R. 
S.  1899,  §  6628.) 


CHAPTER  28. 

CONSTABLES. 


Sec.  2757.  Election  and  official  term. — At  the  general  election  to 
be  held  in  1890,  and  at  each  general  election  every  two  years  thereafter, 
the  qualified  voters  of  each  township  in  every  county  in  this  state  shall 


COUNTY   TREASURER  AND   AXn)ITOR.  37 

elect  a  constable,  who  shall  be  a  resident  of  the  township  for  which  he  is 
elected,  and  who  shall  hold  his  office  for  two  years  and  until  his  succes- 
sor be  elected  and  qualified:  Provided,  that  in  townships  that  now 
contain  or  may  hereafter  contain  a  city  of  over  one  hundred  thousand 
and  less  than  three  hundred  thousand  inhabitants,  and  which  has  been  or 
may  hereafter  be  divided  into  justice  of  the  peace  districts,  the  con- 
stabulary districts  of  said  township  shall  be  made  to  conform  to  and  be 
co-extensive  with  such  justice  districts;  the  county  court  shall  appoint 
an  additional  constable  for  each  of  said  districts,  who  shall,  in  addition 
to  his  other  qualifications  as  herein  provided,  be  a  resident  of  the  dis- 
trict for  which  he  is  appointed  or  elected,  who  shall  hold  his  office  until 
the  next  general  election,  at  which  time  there  shall  be  elected  in  all  such 
townships  a  constable  for  each  of  said  districts.  The  judges  and  clerks 
of  election  shall  certify  the  same  to  the  clerk  of  the  county  court,  and 
in  case  of  a  tie  or  contested  election,  it  shall  be  determined  by  that 
tribunal.     (E.  S.  1899,  §  877.) 


CHAPTER  31— ARTICLE   I. 

CIVIL   RIGHTS   OF    CONVICTS. 

Sec.  2893.  Pardon,  effect  of. — When  any  person  shall  be  sentenced 
upon  a  conviction  for  any  offense,  and  is  thereby,  according  to  the  pro- 
visions of  this  article,  disqualified  to  be  sworn  as  a  witness  or  juror  in 
any  cause,  or  to  vote  at  any  election,  or  to  hold  any  office  of  honor, 
profit  or  trust  within  this  state,  such  disabilities  may  be  removed  by  a 
pardon  by  the  governor,  and  not  otherwise,  except  in  the  case  in  the 
next  section  mentioned.     (R.  S.  1899,  §  2388.) 

Sec.  2894.  Citizenship  not  lost,  when. — If  such  convict  shall  have 
committed  the  offense  while  within  the  age  of  eighteen  years,  and  such 
conviction  shall  be  for  a  first  offense,  all  civil  disabilities  incurred  shall 
be  removed  and  his  competency  restored  at  the  expiration  of  the  term  of 
imprisonment  to  which  he  shall  have  been  sentenced.  (R.  S.  1899, 
§  2389.) 


CHAPTER  34— ARTICLE   VH. 

COUNTY  TREASURERS,  FUNDS  AND  WARRANTS. 

Sec.  3749.  Election  of  county  treasurers. — On  the  Tuesday  after 
the  first  Monday  in  November,  1912,  and  every  four  years  thereafter, 
there  shall  be  elected  by  the  qualified  voters  of  the  several  counties  in 
this  state,  a  county  treasurer,  who  shall  be  commissioned  by  the  county 
court  of  his  county,  and  who  shall  enter  upon  the  discharge  of  the  duties 
of  his  office  on  the  first  day  of  January  next  succeeding  his  election, 
and  shall  hold  his  office  for  a  term  of  four  years,  and  until  his  suc- 
cessor is  elected  and  qualified,  unless  sooner  removed  from  office:  Pro- 
vided, that  in  counties  having  adopted,  or  that  may  hereafter  adopt 


38  ELECTION   LAWS. 

township  organization,  the  term  of  office  of  said  treasurer  shall  be 
extended  to  the  first  day  of  April  next  after  the  election  of  his  suc- 
cessor. (R.  S.  1899,  §  6764,  amended.  Laws  1907,  p.  449;  amended, 
Laws  1911,  p.  163.) 

Sec.  3750.  How  governed  and  conducted. — Said  elections  shall  be 
governed  and  conducted  under  the  law  regulating  the  election  of 
county  officers  in  said  counties.     (R.  S.  1899,  §  6765.) 

Sec.  3751.  Case  of  tie,  how  decided. — In  case  of  two  or  more  candi- 
dates having  an  equal  and  the  highest  number  of  votes  for  said  office 
of  treasurer,  the  county  court  of  the  proper  county  shall  select  the 
treasurer  aforesaid  from  the  persons  so  tied.     (R.  S.  1899,  §  6766.) 


CHAPTER   34— ARTICLE   IX. 
COUNTY  AUDITOR. 

Sec.  3818.  County  auditor  in  certain  counties. — The  office  of  coun- 
ty auditor  is  hereby  created  in  all  counties  in  this  state  in  which  there 
is  a  city  now  containing  or  which  may  hereafter  contain  fifty  thousand 
inhabitants  and  less  than  one  hundred  and  fifty  thousand  inhabitants. 
(Laws  1901,  p.  103.) 

Sec.  3819.  To  be  elected  at  general  election — term  of  office. — At 
the  general  election  in  the  year  1902  and  every  four  years  thereafter, 
a  county  auditor  shall  be  elected  by  the  qualified  voters  of  such  coun- 
ties, who  shall  be  commissioned  by  the  governor  and  shall  enter  upon 
the  discharge  of  his  duties  on  the  first  Monday  in  January  next  en- 
suing his  election,  and  shall  hold  his  office  for  the  term  of  four  years, 
and  until  his  successor  shall  be  duly  elected  and  qualified,  unless  sooner 
removed  from  office ;  and  when  any  vacancy  shall  occur  in  the  office  by 
death,  resignation,  removal,  refusal  to  act  or  otherwise,  it  shall  be  the 
duty  of  the  governor  to  fill  such  vacancy  by  appointing  some  eligible 
person  to  said  office,  who  shall  discharge  the  duties  thereof  until  the 
next  general  election,  at  which  time  an  auditor  shall  be  chosen  for  the 
remainder  of  the  term,  who  shall  hold  his  office  until  his  successor  is 
duly  elected  and  qualified,  unless  sooner  removed.    (Laws  1901,  p.  103.) 


COUNTIES,    ORGANIZATION   AND   BUSINESS   MANAGEMENT: 
County  Auditors  in  Certain  Counties. 

Section  1.  County  auditors  in  certain  counties — to  be  elected,  when 
— ^term  of  office. — At  the  general  election  in  the  year  1916,  and  every 
four  years  thereafter,  in  counties  having  a  population  of  more  than 
eighty  thousand  and  less  than  one  hundred  and  fifty  thousand  in  which 
the  circuit  court  is  held  in  more  than  one  place,  a  county  auditor  shall 
be  elected  by  the  qualified  voters,  who  shall  be  commissioned  by  the 
governor  and  shall  enter  upon  the  discharge  of  his  duties  on  the  first 


COUNTY  TREASURER  AND  AUDITOR.  39 

Monday  in  January  next  ensuing  his  election,  and  shall  hold  his  office 
for  a  term  of  four  years,  and  until  his  successor  shall  be  duly  elected 
and  qualified,  unless  sooner  removed  from  office;  and  when  any  va- 
cancy shall  occur  in  the  office  by  death,  resignation,  removal,  refusal 
to  act  or  otherwise,  it  shall  be  the  duty  of  the  governor  to  fill  such 
vacancy  by  appointing  some  eligible  person  to  said  office,  who  shall 
discharge  the  duties  thereof  until  the  next  general  election,  at  which 
time  an  auditor  shall  be  chosen  for  the  remainder  of  the  term  and  until 
his  successor  is  duly  elected  and  qualified,  unless  sooner  removed. 
(Laws  1913,  p.  195.) 


COURTS  OF  RECORD, 


CHAPTER  35— ARTICLE  II. 

SUPREME  COURT  AND  COURTS  OF  APPEALS. 

Sec.  3899.  Judges  of  supreme  court,  when  elected. — At  the  gen- 
eral election  in  the  year  eighteen  hundred  and  eighty,  and  every  two 
years  thereafter,  there  shall  be  elected  one  judge  of  the  supreme  court, 
who  shall  hold  his  office  for  a  term  of  ten  years  from  the  first  day  of 
January  next  after  his  election,  and  until  his  successor  is  duly  elected 
and  qualified.     (R.  S.  1899,  §  1634.) 

Constitutional  amendment  of  1890,  page  103,  increased  the  number  of  judges 
from  five  to  seven,  Sec.  2  of  said  amendment  providing  for  the  election  of  the  addi- 
tional judges. 

Sec.  3907.  Judges  of  St.  Louis  court  of  appeals — election  and 
term  of  office. — At  the  general  election  in  eighteen  hundred  and  ninety- 
two,  and  every  four  years  thereafter,  the  qualified  voters  of  the  counties 
of  *  Monroe,  Shelby,  Knox,  Scotland,  Clark,  Lewis,  Marion,  Ralls, 
Pike,  Lincoln,  Montgomery,  Warren,  St.  Charles,  St.  Louis,  Jefferson, 
Ste.  Genevieve,  Perry,  Cape  Girardeau,  Scott,  Mississippi,  New  Madrid, 
Pemiscot,  Dunklin,  Stoddard,  Wayne,  Bollinger,  Madison,  St.  Francois, 
Washington,  Franklin,  Crawford,  Iron,  Reynolds,  Carter,  Butler,  Ripley, 
Oregon,  Shannon,  Dent,  Phelps,  Pulaski,  Texas,  Howell,  Ozark,  Wright, 
Douglas,  Laclede,  Webster,  Christian,  Taney,  Stone,  Greene,  Lawrence, 
Barry,  Newton,  McDonald  and  the  city  of  St.  Louis,  shall  elect  a  judge 
of  the  St.  Louis  court  of  appeals,  who  shall  be  a  resident  of  the  district 
composed  of  the  said  counties  and  city,  and  who  shall  hold  his  office 
for  a  term  of  twelve  years,  and  until  his  successor  is  duly  elected  and 
qualified.     (R.  S.  1899,  §  1641.) 

Sec.  3915.  Jurisdiction  of  Kansas  City  court  of  appeals. — The 
jurisdiction  of  the  Kansas  City  court  of  appeals  shall  be  co-extensive 
with  all  the  counties  in  the  state  except  those  embraced  in  the  jurisdic- 
tion of  the  St.  Louis  court  of  appeals.*    (R.  S.  1899,  §  1649.) 

Sec.  3916.  Audrain  county  placed  within  jurisdiction  of  St.  Louis 
court  of  appeals. — That  the  county  of  Audrain  is  hereby  taken  out  of 
the  jurisdiction  of  the  Kansas  City  court  of  appeals,  and  the  same  is 
hereby  placed  within  the  jurisdiction  of  the  St.  Louis  court  of  appeals. 
(R.  S.  1899,  §  1650.) 

Sec.  3917.  Election  of  judges,  term  of  office,  etc. — At  the  general 
election  in  the  year  eighteen  hundred  and  eighty-eight,  the  qualified 


•Note  effecjt  of  Sees.  3926  and  3928. 

(40) 


COURTS   OF   RECORD.  41 

voters  of  the  counties  within  the  jurisdiction  of  said  court  of  appeals 
shall  elect  three  judges  for  said  court,  who  shall  determine  by  lot  the 
duration  of  their  several  terms  of  office,  which  shall  be  respectively  four, 
eight  and  twelve  years,  and  certify  the  result  to  the  secretary  of  state; 
and  every  four  years  thereafter  one  judge  of  said  court  shall  be  elected, 
to  hold  his  office  for  the  term  of  twelve  years.  The  term  of  office  of 
said  judges  shall  begin  on  the  first  Monday  of  January  next  after  their 
election ;  the  judge  having  the  oldest  license  to  practice  law  in  this  state 
shall  be  the  presiding  judge  of  said  court.     (R.  S.  1899,  §  1651.) 

Note  effect  of  Sec.  3928. 

Sec.  3926.  Springfield  court  of  appeals  created — territorial  juris- 
diction.— There  is  hereby  established  at  Springfield,  Missouri,  an  ap- 
pellate court,  to  be  known  as  the  Springfield  court  of  appeals,  the  juris- 
diction of  which  shall  be  co-extensive  with  the  counties  of  Barry,  Bar- 
ton, Butler,  Camden,  Cedar,  Carter,  Christian,  Dade,  Dallas,  Douglas, 
Greene,  Howell,  Hickory,  Jasper,  Laclede,  Lawrence,  McDonald,  New- 
ton, Ozark,  Oregon,  Polk,  Pulaski,  Phelps,  Ripley,  St.  Clair,  Shannon, 
Stone,  Texas,  Taney,  "Webster,  Wright,  Dent,  Crawford,  Maries,  Rey- 
nolds, Iron,  Wayne,  Bollinger,  Scott,  Stoddard,  Dunklin,  Pemiscot,  New 
Madrid  and  Mississippi.     (Laws  1913,  p.  205.) 

Sec.  3928.  Limitation  of  jurisdiction  of  Kansas  City  and  St.  Louis 
courts  of  appeals. — The  limits  of  the  appellate  districts  of  the  St.  Louis 
court  of  appeals  and  the  Kansas  City  court  of  appeals  are  hereby 
changed  so  as  to  include  all  counties  formerly  in  said  districts  except 
those  by  section  3926  included  in  the  Springfield  court  of  appeals. 
(Laws  1909,  p.  393.) 

Sec.  3929.  Court  to  consist  of  three  judges. — The  Springfield  court 
of  appeals  shall  consist  of  three  judges,  who  shall  possess  the  same  quali- 
fications and  shall  receive  the  same  compensation  as  the  judges  of  the 
Kansas  City  court  of  appeals,  and  whose  term  of  office  shaU  begin  on 
the  first  Monday  in  January  following  their  election;  they  shall  be 
commissioned,  and  the  election  returns  for  such  judges  shall  be  made 
in  like  manner  as  judges  of  the  supreme  court.     (Laws  1909,  p.  393.) 

Sec.  3930.  When  elected — terms  of  office. — At  the  general  election 
in  the  year  1912,  the  qualified  voters  of  the  counties  within  the  juris- 
diction of  the  said  Springfield  court  of  appeals  shall  elect  three  judges 
of  said  court,  who  shall  determine,  by  lot,  the  duration  of  their  several 
terms  of  office,  which  shall  be  respectively  four,  eight  and  twelve  years, 
and  certify  the  result  to  the  secretary  of  state;  and  every  four  years 
thereafter  one  judge  of  said  court  shall  be  elected  to  hold  his  office  for 
the  term  of  twelve  years.     (Laws  1909,  p.  393.) 


CHAPTER  35— ARTICLE   HI. 

CIRCUIT  COURTS. 
Sec.  3955.    Election  of  circuit  judges. — At  the  general  election  in 
the  year  one  thousand  nine  hundred  and  four,  and  at  the  general  elec- 
tion every  sixth  year  thereafter,  all  the  circuit  judges  shall  be  elected, 
and  shall  enter  upon  the  duties  of  their  offices  on  the  first  Monday  in 


42  ELECTION   LAWS. 

January  next  ensuing:  Provided,  that  at  the  general  election  in  th 
year  nineteen  hundred  and  four,  and  at  the  general  election  ever 
sixth  year  thereafter,  the  judges  of  the  circuit  court  of  Jackson  county 
whose  term  of  office  expire  in  said  year  one  thousand  nine  hundre 
and  two,  shall  be  elected  and  shall  enter  upon  the  discharge  of  tt 
duties  of  their  offices  as  above  provided :  Provided  further,  that  then 
after  all  judges  at  Kansas  City  in  Jackson  county  shall  be  nominate 
and  elected  for  certain  numbered  division  in  said  circuit:  Provide 
further,  that  nothing  contained  in  this  section  shall  be  construed  i 
changing  the  law  now  in  force  concerning  the  election  of  circuit  judg( 
in  the  city  of  St.  Louis  and  the  county  of  Buchanan.  (Laws  191; 
p.  206.) 

Sec.  3979.  State  divided  into  judicial  circuits. — The  state  is  heri 
by  divided  into  thirty-one  judicial  circuits,  each  circuit  to  consist  ( 
the  counties  and  to  be  numbered  as  hereinafter  set  forth.  (R.  { 
1899,  §  1686,  amended.  Laws  1901,  p.  108.) 

Historical  Note.— Since  the  enactment  of  this  section  six  new  circuits  have  be( 
created. 

Sec.  3980.  First  circuit. — The  first  judicial  circuit  shall  consist  ( 
the  counties  of  Lewis,  Knox  and  Adair.     (Laws  1913,  p.  207.) 

Sec.  3981.  Second  circuit. — The  second  judicial  circuit  shall  co] 
sist  of  the  counties  of  Macon  and  Shelby  (Laws  1913,  p.  207.) 

Sec.  3982.  Third  circuit. — The  third  judicial  circuit  shall  consi 
of  the  counties  of  Mercer,  Harrison,  Putnam  and  Grundy.  (R.  S.  189 
§  1689,  amended.  Laws  1901,  p.  108.) 

Sec.  3983.  Fourth  circuit. — The  fourth  judicial  circuit  shall  co: 
sist  of  the  counties  of  Atchison,  Gentry,  Nodaway,  and  Worth.  (La-v 
1913,  p.  208.) 

Sec.  3984.  Fifth  circuit. — The  fifth  judicial  circuit  shall  consi 
of  the  counties  of  Andrew,  DeKalb,  Clinton,  Platte,  and  Holt.  (LaT 
1913,  p.  208.) 

Sec.  3985.  Sixth  circuit. — The  Sixth  judicial  circuit  shall  consi 
of  the  county  of  Buchanan.  (R.  S.  1899,  §  1692,  amended,  Laws  190 
p.  108.) 

Sec.  3986.  Seventh  circuit. — The  Seventh  judicial  circuit  sha 
consist  of  the  counties  of  Carroll,  Clay  and  Ray.  (R.  S.  1899,  §  169 
amended.  Laws  1901,  p.  108,  Laws  1909,  p.  417.) 

Sec.  3987.  Eighth  circuit. — The  Eighth  judicial  circuit  shall  co: 
gist  of  the  city  of  St.  Louis.  (R.  S.  1899,  §  1694,  amended.  Laws  190 
p.  108.) 

Sec.  3988.  Ninth  circuit. — The  Ninth  judicial  circuit  shall  consi 
of  the  counties  of  Randolph  and  Howard.  (R.  S.  1899,  §  1695,  amen 
ed.  Laws  1901,  p.  108,  Laws  1909,  p.  416.) 

Sec.  3989.  Tenth  circuit. — The  Tenth  judicial  circuit  shall  consi 
of  the  counties  of  Monroe,  Marion  and  Ralls.  (R.  S.  1899,  §  169 
amended,  Laws  1901,  p.  108;  amended.  Laws  1911,  p.  177.) 

Sec.  3990.  Eleventh  circuit. — The  Eleventh  judicial  circuit  sha 
consist  of  the  counties  of  Audrain,  Montgomery  and  Warren.  (R.  1 
1899,  §  1697,  amended.  Laws  1901,  p.  108 ;  amended.  Laws  1911,  p.  177 


COURTS   OF   RECORD.  43 

Sec.  3991.  Twelfth  csircuit. — The  Twelfth  judicial  circuit  shall 
consist  of  the  counties  of  Chariton,  Linn  and  Sullivan.  (R.  S.  1899, 
§  1698,  amended.  Laws  1901,  p.  108,  Laws  1909,  p.  417.) 

Sec.  3992.  Thirteenth  circuit. — The  Thirteenth  judicial  circuit 
shall  consist  of  the  county  of  St.  Louis.  (R.  S.  1899,  §  1699,  amended. 
Laws  1901,  p.  108,  Laws  1903,  p.  145.) 

Sec.  3993.  Fourteenth  circuit. — The  Fourteenth  judicial  circuit 
shall  consist  of  the  counties  of  Cole,  Maries,  Miller,  Morgan,  Moniteau 
and  Cooper.     (R.  S.  1899,  §  1700,  amended,  Laws  1901,  p.  108.) 

Sec.  3994.  Fifteenth  circuit. — The  Fifteenth  judicial  circuit  shall 
consist  of  the  counties  of  Saline  and  Lafayette.  (R.  S.  1899,  §  1701, 
amended,  Laws  1901,  p.  108.) 

Sec.  3995.  Sixteenth  circuit.— The  Sixteenth  judicial  circuit  shall 
consist  of  the  county  of  Jackson.  (R.  S.  1899,  §  1702,  amended,  Laws 
1901,  p.  108.) 

Section  1.  Sixteenth  circuit — creating  two  additional  divisions — 
appointment,  election,  term. — Two  additional  civil  divisions,  to  be 
known  as  division  No.  8  and  division  No.  9,  are  hereby  created  in  and 
for  the  circuit  court  of  the  sixteenth  judicial  circuit,  at  Kansas  City, 
Jackson  county,  Missouri,  and  the  additional  office  of  circuit  judge 
for  Jackson  county,  Missouri,  is  hereby  created  for  the  judge  of  each 
of  said  divisions,  which  said  judges,  when  appointed  or  elected,  as 
hereinafter  provided,  shall  be  the  judges  of  said  division.  Upon  the 
taking  effect  of  this  act  the  governor  shall  appoint  the  judges  hereby 
provided  for,  who  shall,  upon  being  qualified  therefor,  hold  said  offices 
until  January  1,  1915.  At  the  general  election  in.  1914  judges  shall  be 
elected  in  said  county,  by  the  electors  thereof,  for  a  term  of  six  years, 
beginning  January  1,  1915,  each  of  whom  shall  succeed  to  the  office  of 
judge  hereby  created,  and  upon  his  qualifications  to  said  office  all 
rights  of  his  predecessor  appointed  as  aforesaid  shall  cease  and  de- 
termine; and  at  the  general  election  every  six  years  after  said  year 
1914  the  electors  of  said  county  shall  elect  judges  to  hold  said  offices 
for  each  successive  term  thereafter.     (Laws  1913,  p.  211.) 

Sec.  3996.  Seventeenth  circuit. — The  Seventeenth  judicial  circuit 
shall  consist  of  the  counties  of  Cass  and  Johnson.  (R.  S.  1899,  §  1703, 
amended,  Laws  1901,  p.  108.) 

Sec.  3997.  Eighteenth  circuit. — The  Eighteenth  judicial  circuit 
shall  consist  of  the  counties  of  Camden,  Hickory,  Polk,  Dallas,  "Webster 
and  Wright.     (R.  S.  1899,  §  1704,  amended.  Laws  1901,  p.  108.) 

Sec.  3998.  Nineteenth  circuit. — The  Nineteenth  judicial  circuit 
shall  consist  of  the  counties  of  Crawford,  Phelps,  Pulaski,  Laclede, 
Texas  and  Dent.     (R.  S.  1899,  §  1705,  amended.  Laws  1901,  p.  108.) 

Sec.  3999.  Twentieth  circuit.— The  Twentieth  judicial  circuit  shall 
consist  of  the  counties  of  Shannon,  Oregon,  Howell  and  Carter.  (R. 
S.  1899,  §  1706,  amended.  Laws  1901,  p.  108.) 

Sec.  4000.  Twenty-first  circuit. — The  Twenty-first  judicial  circuit 
shall  consist  of  the  counties  of  Jefferson,  Washington,  Iron,  Reynolds 
and  Wayne.     (R.  S.  1899,  §  1707,  amended.  Laws  1901,  p.  108.) 


44  ELECTION   LAWS. 

Sec.  4001.     Twenty-second    circuit. — The  Twenty-second  judici 
circuit  shall  consist  of  the  counties  of  Stoddard  and  Dunklin.     (R. 
1899,  §  1708,  amended.  Laws  1901,  p.  108,  Laws  1905,  p.  126.) 

Sec.  4002.  Twenty-third  circuit. — The  Twenty-third  judicial  ci 
cuit  shall  consist  of  the  county  of  Greene.  (R.  S.  1899,  §  1709,  amen 
ed.  Laws  1901,  p.  108.) 

Sec.   4003.     Twenty-fourth  circuit The  Twenty-fourth   judici 

circuit  shall  consist  of  the  counties  of  Lawrence,  Newton,  McDona 
and  Barry.     (R.  S.  1899,  §  1710,  amended.  Laws  1901,  p.  108.) 

Sec.  4004.  Twenty-fifth  circuit.— The  Twenty-fifth  judicial  circi: 
shall  consist  of  the  county  of  Jasper.  (R.  S.  1899,  §  1711,  amende 
Laws  1901,  p.  108.) 

Sec.  4005.  Twenty-sixth  circuit. — The  Twenty-sixth  judicial  ci 
euit  shall  consist  of  the  counties  of  Vernon,  Barton,  Cedar  and  Dad 
(R.  S.  1899,  §  1712,  amended,  Laws  1901,  p.  108.) 

Sec.  4006.  Twenty-seventh  circuit. — The  Twenty-seventh  judici 
circuit  shall  consist  of  the  counties  of  Ste.  Genevieve,  Perry,  g 
Francois,  Madison  and  Bollinger.  (R.  S.  1899,  §  1713,  amended,  La^ 
1901,  p.  108.) 

Sec.  4007.  Twenty-eighth  circuit. — The  Twenty-eighth  judici 
circuit  shall  consist  of  the  counties  of  Cape  Girardeau,  Scott,  Missi 
sippi.  New  Madrid  and  Pemiscot.  (R.  S.  1899,  §  1714,  amended,  La^ 
1901,  p.  108.) 

Sec.  4008.  Twenty-ninth  circuit. — The  Twenty-ninth  judicial  ci 
cuit  shall  consist  of  the  counties  of  Bates,  Benton,  Henry  and  St.  Clai 
(R.  S.  1899,  §  1715,  amended,  Laws  1901,  p.  108.) 

Sec.  4009.  Thirtieth  circuit.— The  Thirtieth  judicial  circuit  of  tl 
state  of  Missouri  shall  consist  of  the  county  of  Pettis.  (R.  S.  1899, 
1716,  amended.  Laws  1901,  p.  108.) 

Sec.  4010.  Thirty-first  circuit.— There  is  hereby  established  ar 
created  a  judicial  circuit  of  the  state  of  Missouri,  which  shall  consi 
of  the  counties  of  Christian,  Douglas,  Ozark,  Stone  and  Taney.  (Lav 
1901,  p.  108.) 

Sec.  4011.  Thirty-second  circuit. — There  is  hereby  created  ar 
established  a  judicial  circuit  of  this  state  to  be  known  as  the  thirt; 
second  judicial  circuit  of  the  state  of  Missouri,  and  to  be  composed  < 
the  counties  of  Franklin,  Gasconade  and  Osage.     (Laws  1903,  p.  145 

Sec.  4012.  Thirty-third  circuit. — There  is  hereby  created  an 
established  a  judicial  circuit  of  this  state,  to  be  known  as  the  thirt; 
third  judicial  circuit  of  the  state  of  Missouri,  which  shall  be  compose 
of  the  counties  of  Butler  and  Ripley.     (Laws  1905,  p.  126.) 

Sec.  4013.  Thirty-fourth  circuit. — There  is  hereby  created  an 
established  a  judicial  circuit  of  this  state,  to  be  known  as  the  thirty 
fourth  judicial  circuit  of  the  state  of  Missouri,  which  shall  be  cod 
posed  of  the  counties  of  Boone  and  Callaway.     (Laws  1909,  p.  416.) 

Sec.  1.  Thirty-fifth  circuit. — There  is  hereby  created  and  estal 
lished  a  judicial  circuit  of  the  state,  to  be  known  as  the  thirty-fift 
circuit  of  the  state  of  Missouri,  which  shall  be  composed  of  the  com 
ties  of  Lincoln,  Pike  and  St.  Charles.     (Laws  1911,  p.  177.) 


COURTS    OF   RECORD.  45 

Sec.  3.  Judge,  appointment  of — election. — ^As  soon  as  convenient 
after  this  act  becomes  a  law,  the  governor  shall  appoint  a  judge  of 
the  said  thirty-fifth  judicial  circuit,  who  shall  hold  his  office  until  the 
first  day  of  January,  1913,  and  until  his  successor  is  elected  and  quali- 
fied; and  at  the  general  election  to  be  held  in  this  state  in  the  year 

1912,  a  successor  to  such  appointee  shall  be  elected  for  said  thirty- 
fifth  judicial  circuit  for  a  term  of  six  years,  in  like  manner  as  other 
circuit  judges  are  elected.     (Laws  1911,  p.  177.) 

Sec.  4014.  Thirty-sixth  circuit. — There  is  hereby  created  and 
established  a  judicial  circuit  in  this  state,  to  be  known  as  the  thirty- 
sixth  judicial  circuit  of  the  state  of  Missouri,  which  shall  be  composed 
of  the  counties  of  Caldwell,  Daviess  and  Livingston.  (Laws  1909,  p. 
417.) 

Section  1.  Thirty-seventh  judicial  circuit. — There  is  hereby  cre- 
ated and  established  a  judicial  circuit  of  the  state,  to  be  known  as  the 
thirty-seventh  judicial  circuit  of  Missouri,  which  shall  be  composed  of 
the  counties  of  Clark,  Scotland  and  Schuyler.     (Laws  1913,  p.  216.) 

Sec.  3.  Judge,  appointment  of — election. — As  soon  as  convenient 
after  this  act  becomes  a  law,  the  governor  shall  appoint  a  judge  of  the 
said  thirty-seventh  judicial  circuit,  who  shall  hold  his  office  until  the 
first  day  of  January,  1915,  and  until  his  successor  is  elected  and  quali- 
fied; and  at  the  general  election  to  be  held  in  this  state  in  the  year 
1914,  a  successor  to  such  appointee  shall  be  elected  for  the  said  thirty- 
seventh  judicial  circuit  for  a  term  of  six  years,  and  every  six  years 
thereafter,  in  like  manner  as  other  circuit  judges  are  elected.     (Laws 

1913,  p.  216.) 


CHAPTER  35— ARTICLE  IV. 


PROBATE  COURTS. 


Sec.  4057.  Election  of  judges — term  of  office. — At  the  general 
election  in  the  year  1878,  and  every  four  years  thereafter,  except  a« 
hereinafter  provided,  a  judge  of  probate  shall  be  elected  by  the  quali- 
fied voters  in  every  county.  Said  judge  shall  be  commissioned  by  the 
governor  and  shall  take  the  oath  prescribed  by  the  Constitution  for  all 
officers  and  shall  enter  upon  the  discharge  of  his  duties  on  the  first  day 
of  January  ensuing  his  election  and  continue  in  office  for  four  years 
and  until  his  successor  shall  be  duly  elected  and  qualified:  Provided, 
that  in  all  cases  where  the  death  of  the  judge-elect  shall  take  place 
after  his  election  and  before  he  qualifies,  the  same  shall  constitute  a 
vacancy  in  such  office  from  and  after  the  date  which  said  judge-elect 
is  required  to  qualify.  (R.  S.  1899,  §  1754,  amended.  Laws  1903, 
p.  152.) 

Sec.  4072.  Probate  clerk  elected  in  cities  of  300,000  inhabitants  or 
over — bond — oath,  etc. — In  all  cities  now  having  or  which  may  here- 
after have  a  population  of  three  hundred  thousand  inhabitants  and 


40  ELECTION   LAWS. 

over,  there  shall  be  elected  at  the  general  election  in  the  year  1898,  and 
every  four  years  thereafter,  an  officer,  to  be  known  as  the  probate  clerk, 
whose  official  term  shall  commence  on  the  first  day  of  January  next  after 
election.  Said  officer  shall,  before  entering  upon  the  discharge  of  his 
duties,  make  and  subscribe  an  oath  before  the  city  register  of  such  cities 
that  he  will  support  the  Constitution  of  the  United  States  and  of  the 
state  of  Missouri,  and  that  he  will  faithfully  discharge  all  the  duties  of 
the  office  of  probate  clerk;  and  shall  also  execute  a  bond  to  the  city 
within  which  he  shall  be  elected,  in  the  penal  sum  of  ten  thousand  dol- 
lars, with  two  or  more  solvent  sureties,  to  be  approved  by  the  judge  of 
probate  of  such  cities,  conditioned  for  the  faithful  performance  of  the 
duties  of  probate  clerk,  the  collection  and  accounting  for  all  fees  allowed 
the  probate  judge  or  probate  court  of  the  city  within  which  he  shall 
have  been  elected,  which  oath  and  bond  shall  be  filed  in  the  office  of  the 
register  of  such  cities.  The  city  or  any  person  injured  may  maintain  suit 
on  said  bond  in  like  manner  as  suit  may  now  be  maintained  on  other 
office  bonds.     (R.  S.  1899,  §  6244.) 


CHAPTER  35— ARTICLE  V. 
COUNTY  COURTS. 

Sec.  4076.  Election  of,  and  tenure  of  office. — At  the  general  elec- 
tion in  the  year  eighteen  hundred  and  eighty,  and  every  two  years  there- 
after, the  qualified  voters  of  each  of  said  districts  shall  elect  a  county 
court  judge,  who  shall  hold  his  office  for  a  term  of  two  years  and  until 
his  successor  is  duly  elected  and  qualified;  and  at  the  general  election 
in  the  year  eighteen  hundred  and  eighty-two,  and  every  four  years 
thereafter,  the  presiding  judge  of  said  court  shall  be  elected  by  the 
qualified  voters  of  the  county  at  large,  who  shall  hold  his  office  for  the 
term  of  four  years  and  until  his  successor  is  duly  elected  and  qualified. 
Each  judge  elected  under  the  provisions  of  this  article  shall  enter  upon 
the  duties  of  his  office  on  the  first  day  of  January  next  after  his  elec- 
tion.    (R.  S.  1899,  §  1772.) 

Sec.  4077.  Elections,  how  certified. — All  elections  of  judges  of  the 
county  court  under  this  article  shall  be  certified  to  the  clerks  of  the 
county  courts  of  the  counties  wherein  such  elections  shall  be  held;  and 
in  case  of  a  tie  between  two  or  more  persons,  the  same  shall  be  deter- 
mined by  the  sheriff  of  the  proper  county.     (R.  S.  1899,  §  1773.) 


CHAPTER  35— ARTICLE  IX. 

CRIMINAL  COURT  OF  THE  FIFTEENTH  JUDICIAL  CIRCUIT. 

Sec.  4168.  Court  established. — A  court  of  record  is  hereby  estab- 
lished in  the  counties  composing  the  fifteenth  judicial  circuit,  in  the 
state  of  Missouri,  to  be  called  the  criminal  court  of  the  fifteenth  judicial 
circuit.    (R.  S.  1899,  p.  2564,  §  1.) 


COURTS   OF   RECORD.  47 

Sec.  4170.  Qualifications  and  tenure  of  office  of  judge. — Said  court 
shall  be  composed  of  one  judge,  who  shall  possess  all  the  qualifications 
required  by  law  of  judges  of  the  circuit  court,  and  shall  be  elected  at 
the  same  time  and  in  the  same  manner  as  circuit  judges  are  elected, 
and  shall  hold  his  office  for  the  term  of  six  years  from  the  first  day  of 
January  next  succeeding  his  election,  and  until  his  successor  is  duly 
elected  and  qualified.    (R.  S.  1899,  p.  2564,  §  3.) 


CHAPTER  35— ARTICLE   X. 

CRBHNAL  COURT   OF  BUCHANAN  COUNTY. 

Sec.  4184.  Criminal  court  of  Buchanan  county  established. — A 
court  of  record  is  hereby  established  in  the  county  of  Buchanan,  said 
county  having  a  population  exceeding  fifty  thousand  inhabitants,  and 
to  be  designated  and  called  the  criminal  court  of  Buchanan  county. 
(R.  S.  1899,  p.  2568,  §  1.) 

Sec.  4191.  Election  of  judge. — ^At  the  general  election  in  the  year 
1888,  and  every  four  years  thereafter,  the  qualified  voters  of  said  Buc- 
hanan county  shall  elect  a  judge  of  said  court,  who  shall  enter  upon  the 
discharge  of  his  duties  on  the  first  day  of  January  next  succeeding  hia 
election.     (R.  S.  1899,  p.  2570,  §  8.) 

Sec.  4195.  Judge,  how  removed — ^vacancies,  how  filled. — The 
judge  of  said  criminal  court  may  be  removed  from  office  for  the  same 
causes  and  in  the  same  manner  as  a  judge  of  the  circuit  court,  and  all 
vacancies  in  said  office  shall  be  filled,  and  all  contested  elections  de- 
termined as  in  cases  of  circuit  judges.    (R.  S.  1899,  p.  2570,  §  13.) 


CHAPTER  35— ARTICLE   XH. 

CRIMINAL  COURT  OF  JACKSON  COUNTY. 

Sec.  4205.  Name  of  court. — A  court  of  record  is  hereby  estab- 
lished, to  be  called  the  criminal  court  of  Jackson  county.  (R.  S.  1899, 
p.  2566,  §  1.) 

Sec.  4210.  Qualifications  and  election  of  judge. — The  judge  of  said 
court  shall,  previous  to  his  election  or  appointment,  have  attained  the 
age  of  thirty  years,  have  resided  one  year  in  the  state,  and  to  be  a  resi- 
dent of  said  Jackson  county ;  and  the  qualified  voters  of  Jackson  county 
shall,  at  the  special  election  for  a  judge  of  the  Twenty-fourth  judicial 
circuit,  elect  a  judge  of  the  court  hereby  established,  who  shall  hold  his 
office  until  the  first  day  of  January,  1875.  At  the  general  election  for 
circuit  judges  in  the  year  1874,  and  every  six  years  thereafter,  the  quali- 
fied voters  of  said  county  shall  elect  a  judge  of  said  court,  who  shall 
enter  upon  the  discharge  of  his  duties  on  the  first  day  of  January  next 
lucceeding  his  election.     (R.  S.  1899,  p.  2566,  §  6.) 

Sec.  4213.  Election,  qualification  and  compensation  of  clerk. — The 
clerk  of  the  court  hereby  established  shaU  be  elected  at  the  same  time 


48  ELECTION   LAWS. 

of  the  election  of  judge  of  said  court,  who  shall  hold  his  office  till  the 
next  general  election  of  clerks  of  circuit  courts;  he  shall  perform  the 
same  duties  and  receive  the  same  compensation  as  is  or  may  be  allowed 
to  clerks  of  circuit  courts  for  like  services,  and  shall  give  a  like  bond, 
to  be  approved  by  the  court  hereby  established ;  and  all  future  elections 
of  clerk  of  said  court  shall  be  at  the  same  time  as  elections  for  clerks 
of  courts  of  record.     (R.  S.  1899,  p.  2567,  §  9.) 


CHAPTER  35— ARTICLE    XIH. 
CAPE  GIRARDEAU  COURT   OF   COMMON  PLEAS. 

Sec.  4235.  Judge,  tenn  of  office,  may  practice,  where. — The  Cape 
Girardeau  court  of  common  pleas  shall  be  presided  over  by  one  judge, 
who  shall  possess  the  qualifications  of  a  judge  of  the  circuit  court,  and 
who  shall  hold  his  office  for  the  term  of  four  years,  or  until  his  suc- 
cessor shall  have  been  duly  elected  and  qualified,  but  may  be  sooner 
removed  from  office  in  the  same  manner  and  for  like  causes  as  a  cir- 
cuit judge.  After  January  1,  1913,  the  judge  of  said  court  shall  not 
be  allowed  to  practice  law  in  any  of  the  state  courts  within  the  county 
of  Cape  Girardeau  during  his  term  of  office;  but  he  shall  not  be  dis- 
qualified from  practicing  in  the  federal  courts.  (R.  S.  1899,  p.  2580, 
§  4,  amended,  Laws  1909,  p.  419.) 

Sec.  4236.  Election  of  judge,  when — salary. — At  the  general  elec- 
tion in  the  year  1912,  and  at  the  general  election  held  every  fourth  year 
thereafter,  there  shall  be  elected,  by  the  qualified  voters  of  the  county 
of  Cape  Girardeau,  a  judge  of  the  said  court  of  common  pleas,  who 
shall  be  commissioned  and  qualified  in  the  same  manner  as  judges  of 
the  circuit  court,  and  who  shall  receive  in  full  compensation  for  his 
services  the  sum  of  $2,000.00  per  annum,  to  be  paid  in  the  same  way 
and  in  the  same  manner  as  the  salaries  of  circuit  judges  are  paid;  but 
prior  to  the  first  day  of  January,  1913,  the  judge  of  said  court  shall 
receive  in  full  compensation  for  his  services  the  sum  of  $1,000.00  per 
annum,  and  in  full  compensation  for  his  expenses  the  sum  of  $600.00 
per  annum,  which  sums  for  services  and  for  expenses  shall  be  paid  in 
the  same  way  and  at  the  same  time  and  in  the  same  manner  as  the 
salaries  and  expenses  of  circuit  judges  are  paid.  All  other  expenses  of 
said  court  of  common  pleas  shall  be  paid  by  Cape  Girardeau  county. 
(R.  S.  1899,  p.  2580,  §  5,  amended.  Laws  1909,  p.  419.) 


APPENDIX,  VOL.  II,  R.  S.  1899— ARTICLE   XVIII. 

ST.  LOUIS   COURT   OF   CRIMINAL   CORRECTION. 

Section  1.  Court  established. — There  is  hereby  established  in  the 
county  [city]  of  St.  Louis  a  court  of  record,  which  shall  be  known  and 
called  '*the  St.  Louis  court  of  criminal  correction."  (Laws  1865-6,  p. 
78,  §  1.) 


COURTS  OF   RECORD.  49 

Sec.  3.    Election,  qualifications  and  terms  of  judge  and  officers. — 

At  the  general  election,  every  four  years,  there  shall  be  elected  by  the 
qualified  voters  of  St.  Louis  city  a  judge  and  clerk  of  said  court,  a 
prosecuting  attorney,  to  be  styled  the  prosecuting  attorney  for  the  St. 
Louis  court  of  criminal  correction  of  St.  Louis  city,  and  an  assistant 
prosecuting  attorney.  Said  judge  shall  possess  the  qualifications  of  a 
judge  of  the  circuit  court,  and  shall  hold  his  office  for  the  term  of  four 
years  from  the  time  of  his  election,  and  until  his  successor  shall  be 
duly  elected  and  qualified,  unless  sooner  removed  from  office.  Said 
clerk  shall  possess  the  qualifications  of  a  clerk  of  the  circuit  court, 
and  be  subject  to  all  the  requirements  and  obligations  exacted  of  and 
imposed  by  law  upon  clerks  of  courts  of  record,  and  shall  hold  his 
office  for  the  term  of  four  years  from  the  time  of  his  election,  and  until 
his  successor  shall  be  duly  elected  and  qualified,  unless  sooner  removed 
from  office ;  and  said  clerk  shall  have  power,  by  and  with  the  consent 
of  the  judge  of  said  court,  to  appoint  one  or  more  deputies,  which  said 
appointment  shall  be  approved  by  said  court;  thereupon  said  court 
shall  fix  the  salary  of  said  deputy  or  deputies,  and  the  said  salary  or 
salaries  shall  be  paid  monthly  by  the  city  of  St.  Louis.  Said  prosecut- 
ing attorney  and  assistant  prosecuting  attorney  shall  possess  the  same 
qualifications  as  required  by  law  for  circuit  attorneys ;  they  shall  hold 
their  office  for  the  term  of  four  years,  and  until  their  successors  shall 
be  duly  elected  and  qualified  unless  sooner  removed  from  office. 
(Laws  1869,  p.  194,  §  2.) 

COURTS  OF  RECORD:     St.  Louis  Court  of  Criminal  Correction— 
Division  No.  2. 

Section  1.  Criminal  court  established. — There  is  hereby  estab- 
lished in  the  city  of  St.  Louis  a  criminal  court  of  record,  which  shall 
be  called  the  St.  Louis  court  of  criminal  correction,  division  No.  2. 

Sec.  3.  Appointment,  election,  qualification  and  tenure  of  the 
judge. — As  soon  as  practicable  after  the  taking  effect  of  this  act,  the 
governor  shall  appoint  a  judge  of  said  St.  Louis  court  of  criminal  cor- 
rection, division  No.  2.  Said  judge  to  hold  office  until  January  1st, 
1911,  or  until  his  successor  shall  be  duly  elected  and  qualified,  unless 
sooner  removed  from  office.  At  the  general  election  in  November, 
1910,  a  judge  of  said  St.  Louis  court  of  criminal  correction,  division 
No.  2,  shall  be  elected  by  the  qualified  voters  of  St.  Louis  city,  to  hold 
office  for  a  term  of  two  years  after  January  1st,  1911,  or  until  his  suc- 
cessor shall  be  duly  elected  and  qualified,  unless  sooner  removed  from 
office.  At  the  general  election  in  November,  1912,  and  every  four  years 
thereafter,  there  shall  be  elected  by  the  qualified  voters  of  St.  Louis 
city  a  judge  of  said  St.  Louis  court  of  criminal  correction,  division  No. 
2,  to  hold  office  for  a  term  of  four  years,  or  until  his  successor  shall  be 
duly  elected  and  qualified,  unless  sooner  removed  from  office.  The 
judge  of  said  court  shall  possess  the  qualifications  of  the  judge  of  the 
St.  Louis  court  of  criminal  correction  as  now  constituted.  (Laws  1909, 
p.  399.) 


50 


ELECTION  LAWS. 


CHAPTER  36— ARTICLE  III. 

OFFENSES  BY  PERSONS  IN  OFFICE,  OR  AFFECTING  PUBLIC 
TRUSTS   AND   RIGHTS,   AND   CONCERN- 
ING ELECTIONS. 


SECTION 
4395.    Bribing 


4396. 

4397. 

4398. 

4399. 

4400. 

4401. 
4402. 
4403. 
4404. 
4405. 
4406. 
4407. 
4408. 
4409. 
4410. 
4411. 
4412. 
4413. 
4414. 
4415. 
4416. 

4417. 

4418. 

4419. 
4420. 

4421. 


4422. 
4423. 


public  officers — punish* 
ment. 

Officers  accepting  bribes — punish- 
ment. 

Bribing  officer  to  appoint  to  office, 
etc. 

Officer  accepting  bribe  to  make  ap- 
pointments,  etc. 

Accepting  office  procured  by 
bribery. 

Attempting  to  bribe  officer  in  cases 
mentioned  in  preceding  sections. 

Bribery  to  procure  office. 

Accepting  bribe  to  procure  office. 

Accepting  bribe  by  voter. 

Offering  bribe  to  voter. 

Bidding  for  office. 

Selling  office. 

Assessment  of  candidates. 

Buying  office. 

Preceding  sections  construed. 

Grant  of  office  void. 

Oppression  in  office. 

Fraud  in  office. 

Conviction,  effect  of. 

Exacting  illegal  fees. 

Collecting  Illegal  taxes. 

P»unl8hment  for  misdemeanor  in 
office. 

Prosecuting  attorney  guilty  of  mis- 
demeanor, when. 

Persons  in  custody  entitled  to  re- 
lease, etc 

Usurping  office. 

Persons  and  property  secure  in 
absence  of  legal  process. 

Clerks,  deputies,  etc,  not  to  buy 
fees — not  to  charge  less  than 
legal  fee. 

Penalty. 

Intimidating  voters. 


SECTION 
4424.    Defrauding  voters. 

Circulating  fraudulent  tickets. 

Importing   fraudulent  voters. 

Fraudulent  voting. 

Attempt  to  cast  illegal  vote. 

Fraud  by  judges  and  clerks  of 
election. 

Fraud  in  casting  up  returns. 

Neglect  of  judges  and  clerks  to 
perform  duty. 

Refusal  to  give  canvasser  informa- 
tion. 

Neglect  of  duty  by  canvasser. 

Id.  Penalty  for  neglect  of  certain 
duties. 

Id.    What  deemed  a  felony. 

Signing  application  to  have  voter's- 
name  erased,  a  felony. 
4437.    Neglect  of  duty  by  judge  or  clerk. 
— penalty. 

Ballot  boxes  to  be  kept  in  view — 
penalty. 

Failure  to  serve  as  judge  or  clerk 
— penalty. 

Condition  of  ballot  boxes  to  be 
noted  when  received. 

Impersonation  of  voter  and  false 
registration  prohibited. 

Id.    Penalty. 

False  canvass  of  voters — returns — 
destruction  or  concealment — pen- 
alty. 

Ballots  and  ballot  boxes — things- 
prohibited  in  use  of. 

4445.  Breaciies  of  the  peace  and  disor- 

derly conduct 

4446.  Electioneering     for    candidate    by 

certain  officers  prohibited. 

4447.  Failure  of  clerk   or  judge  to  sign 

and  make  return — penalty. 


4425. 
4426. 
4427. 
4428. 
4429. 

4430. 
4431. 

4432. 

4433. 
4434. 

4435. 
4436. 


4438. 


4439. 


4440. 


4441. 


4442. 
4443. 


4444. 


Sec.  4395.  Bribing  public  ofl&cers — punishment. — Every  person 
who  shall,  directly  or  indirectly,  give  any  money,  goods,  right  in  action 
or  any  other  valuable  consideration,  gratuity  or  reward,  or  any  promise^ 
undertaking  or  security  therefor,  to  any  judge  or  justice  of  any  court, 
justice  of  the  peace,  or  to  any  member  of  the  legislature,  or  to  any 
officer  or  employe  thereof,  or  to  any  other  public  officer  of  this  state,  or 
of  any  county  or  city,  town  or  township  thereof:  First,  with  intent  to 
influence  his  vote,  opinion,  judgment  or  decision  on  any  question,  mat- 
ter, election,  appointment,  cause  or  proceeding,  which  may  be  then 
pending,  or  may  by  law  be  broujjht  before  him  in  his  official  capacity,  or 
to  induce  him  to  neglect  or  omit  the  performance  of  any  official  duty, 
or  to  perform  such  duty  with  partiality  or  favor,  or  otherwise  than  ier 


OFFENSES    by'  OFFICERS,    CONCERNING   ELECTIONS.  51 

required  by  law;  or,  second,  in  consideration  that  any  such  officer  or 
member  of  the  legislature  has  given  any  vote,  opinion,  judgment  or  de- 
cision in  any  particular  manner,  or  for  any  particular  person,  or  upon, 
any  particular  side,  or  more  favorable  to  one  side  than  the  other,  in  any 
matter,  question,  election,  cause  or  proceeding,  or  has  omitted  to  perforak 
any  official  act  or  duty,  or  has  performed  such  act  or  duty  with  parti- 
ality or  favor,  or  in  anywise  contrary  to  law,  shall  be  deemed  guilty  of 
bribery,  and  be  punished  by  imprisonment  in  the  penitentiary  for  at 
term  not  exceeding  seven  years.     (R.  S.  1899,  §  2084.) 

Sec.  4396.  Officers  accepting  bribes — punishment. — Every  judge 
or  justice  of  any  court,  justice  of  the  peace,  member  of  the  legislature, 
or  officer  or  employe  thereof,  and  any  other  public  officer  of  this  state, 
or  of  any  county  or  city,  town  or  township  thereof,  who  shall,  directly 
or  indirectly,  accept  or  receive  any  gift,  consideration,  gratuity  or  re- 
ward, or  any  promise  or  undertaking  to  make  the  same:  First,  under 
any  agreement  that  his  vote,  opinion,  judgment  or  decision  shall  be 
given  for  any  particular  person,  or  in  any  particular  manner,  or  upon 
any  particular  side,  or  more  favorable  to  one  side  than  the  other,  in  any 
question,  election,  matter,  cause  or  proceeding  which  may  be  pending  or 
be  brought  before  him  in  his  official  capacity,  or  that  he  shall  neglect 
or  omit  to  perform  any  official  duty,  or  perform  the  same  with  parti- 
ality or  favor,  or  otherwise  than  according  to  law ;  or,  second,  in  consid- 
eration that  he  has  given  his  vote,  opinion,  judgment  or  decision  for  any 
particular  person,  or  in  any  particular  manner,  or  upon  any  particular 
gide,  or  more  favorably  to  one  side  than  the  other,  in  any  question,  elec- 
tion, matter,  cause  or  proceeding,  or  has  neglected  or  omitted  to  perfonn 
any  official  act  or  duty,  or  performed  such  act  or  duty  with  partiality^ 
or  favor,  or  in  anywise  contrary  to  law,  shall  be  deemed  guilty  of  brib- 
ery, and  punished  as  prescribed  in  the  next  preceding  section.  (R.  S^ 
1899,  §  2085.) 

Sec.  4397.  Bribing  officer  to  appoint  to  office,  etc. — Every  person^ 
who  shall,  directly  or  indirectly,  give  or  engage  to  give  any  sum  of 
money  or  other  valuable  consideration,  gratuity  or  reward,  to  any  officer  t 
First,  with  intent  to  influence  or  induce  such  officer  to  s:ive  or  procure 
for  him  or  any  other,  by  his  act,  interest,  influence  or  other  means  what^ 
ever,  any  appointment,  office  or  place  of  trust,  or  any  preferment,  or 
emolument,  or  assist,  by  any  means  whatsoever,  to  procure  the  same ;  or,. 
second,  in  consideration  of  any  office  or  appointment,  preferment,  or 
emolument,  act,  interest  or  influence,  or  any  aid  or  assistance,  in  pro- 
curing or  attempting  to  procure  such  appointment,  office  or  place  of 
trust,  or  any  emoluments,  shall,  on  conviction,  be  adjudered  guilty  of 
bribery,  and  punished  by  imprisonment  in  the  penitentiary  for  a  term 
not  exceeding  seven  years.      (R.  S.  1899.   §  2086.) 

Sec.  4398.  Officer  accepting  bribe  to  make  appointments,  etc. — 
Every  officer  who  shall,  directly  or  indirectly,  accept  or  receive  of  an- 
other any  sum  of  money  or  other  valuable  consideration,  gratuity  or 
reward,  or  any  promise  or  security  thereof:  First,  upon  any  aprreement 
to  give  or  procure  by  his  act,  interest  or  influence  or  other  means,  any 
appointment,  office  or  place  of  trust,  or  any  preferment  or  emolument,  or 


52  ELECTION   LAWS. 

to  aid  or  assist  in  procuring  the  same  for  another  person;  or  second^ 
in  consideration  of  any  office  or  appointment,  place  or  preferment,  or 
■emolument,  or  any  act,  interest  or  influence,  aid  or  assistance,  by  any 
means,  in  procuring  or  attempting  to  procure  any  such  appointment, 
office,  place  of  trust,  preferment  or  emolument,  shall,  on  conviction,  be 
adjudged  guilty  of  bribery,  and  punished  as  prescribed  in  the  next  pre- 
ceding section.     (R.  S.  1899,  §  2087.) 

Sec.  4399.  Accepting  office  procured  by  bribery. — Every  person 
'who  shall  take,  accept,  receive  or  obtain,  directly  or  indirectly,  any 
office,  appointment  or  place  of  trust,  preferment  or  emolument,  by  the 
act,  influence,  aid  or  assistance  of  another,  upon  any  agreement  or  con- 
sideration mentioned  in  either  of  the  four  next  preceding  sections,  and 
-every  person  who  shall  take,  accept  or  receive  any  aid  or  assistance  in 
obtaining  or  attempting  to  obtain,  or  any  promise  or  undertaking  to 
procure  such  office,  appointment,  place  of  trust,  preferment  or  emolu- 
ment, for  himself  or  another,  shall  be  deemed  guilty  of  bribery,  and 
punished  in  the  same  manner  as  if  he  had  received  money  upon  a  like 
agreement  or  consideration.     (R.  S.  1899,  §  2088.) 

Sec.  4400.  Attempting  to  bribe  officer  in  cases  mentioned  in  pre- 
ceding sections. — If  any  person  shall,  by  any  of  the  means  mentioned 
in  the  preceding  sections  of  this  article,  or  otherwise,  offer  or  attempt 
to  bribe  any  officer  or  other  person,  in  any  of  the  cases  hereinbefore 
mentioned,  he  shall,  on  conviction,  be  punished  by  imprisonment  in  the 
penitentiary  for  a  period  not  exceeding  five  years,  or  by  imprisonment 
in  the  county  jail  for  a  term  not  exceeding  one  year  and  a  fine  not  less 
than  one  thousand  dollars.     (R.  S.  1899,  §  2089.) 

Sec.  4401.  Bribery  to  procure  office. — If  any  person  shall,  directly 
or  indirectly,  give  or  procure  to  be  given,  or  engage  to  give,  any  money, 
gift  or  reward,  or  any  office,  place  or  employment  upon  any  engage- 
ment, contract  or  agreement,  that  the  person  to  whom,  or  to  whose  use, 
or  on  whose  behalf,  such  gift  or  promise  shall  be  made,  shall,  by  himself 
or  any  other,  procure  or  endeavor  to  procure  the  election  of  any  person 
to  any  office,  at  any  election  by  the  electors,  or  any  public  body,  under 
the  Constitution  or  laws  of  this  state,  the  person  so  offending  shall,  on 
conviction,  be  adjudged  guilty  of  bribery,  and  punished  by  imprison- 
ment in  the  penitentiary  for  a  term  not  exceeding  five  years.  (R.  S. 
1899,  §  2090.) 

Sec.  4402.  Accepting  bribe  to  procure  office. — Every  person  who 
shall,  by  himself  or  another,  to  his  use  or  on  his  behalf,  accept  or  re- 
ceive any  such  money,  gift  or  reward,  office,  place  or  employment,  or 
any  promise  or  security  therefor,  upon  any  such  engagement,  contract 
or  agreement  as  specified  in  the  preceding  section,  shall  be  adjudged 
guilty  of  bribery,  and  shall  forfeit  the  full  amount  of  such  money,  gift 
or  reward,  and  shall,  moreover,  be  punished  by  imprisonment  in  the 
penitentiary  for  a  term  not  exceeding  five  years.     (R.  S.  1899,  §  2091.) 

Sec.  4403.  Accepting  bribe  by  voter.— If  any  person  who  shall 
have,  or  claim  to  have,  a  right  to  vote  in  any  election  authorized  to  be 
held  by  the  Constitution  or  laws  of  this  state,  shall  ask,  receive  or  take 
any  money  or  other  reward,  by  way  of  gift,  loan  or  other  device,  or 


OFFENSES    BY   OFFICERS,   CONCERNING   ELECTIONS.  53^ 

agree  or  contract  for  any  money,  gift,  office,  employment,  or  other  re- 
ward whatsoever,  to  give  his  vote,  or  refuse  or  forbear  to  give  his  vote^ 
in  any  such  election,  the  person  so  offending  shall,  on  conviction,  be  ad- 
judged guilty  of  a  misdemeanor.     (E.  S.  1899,  §  2092.) 

Sec.  4404.    Offering  bribe  to  voter. — If  any  person,  by  himself,  or 

any  person  employed  by  him,  shall,  by  any  gift  or  reward,  office  or 
emplo\Tnent,  or  by  any  promise,  agreement  or  security  therefor,  cor- 
rupt or  procure,  or  attempt  to  corrupt  or  procure,  any  person  who  shall 
have  or  claim  to  have  a  right  to  vote  at  any  election,  to  give  or  for- 
bear to  give  his  vote  at  such  election,  the  person  so  offending  shall,  on 
conviction,  be  adjudged  guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2093.) 

Sec.  4405.  Bidding  for  ofl&ce. — ^Any  person,  being  ^  candidate  for 
election  to  any  office  of  honor,  trust  or  profit,  in  this  state,  who  shall 
offer  or  promise  to  discharge  the  duties  of  such  office  for  a  less  sum 
than  the  salary,  fees  or  emoluments  of  said  office,  as  fiixed  by  the  laws  of 
the  state,  or  who  shall  promise  to  pay  back  or  donate  to  any  public  or 
private  interest  any  portion  of  such  salary,  fees  or  emoluments,  as  an 
inducement  to  voters  at  such  election,  shall  on  conviction  thereof  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  imprisonment 
in  the  county  jail  for  a  period  of  not  less  than  ten  days  nor  more  than 
six  months,  or  by  both  such  fine  and  imprisonment,  and  shall  in  addi- 
tion forfeit  the  office  to  which  he  may  have  been  elected  at  such  election. 
(R.  S.  1899,  §  2094.) 

Sec.  4406.  Selling  office. — Every  person  holding  or  exercising  any 
office  or  public  trust  under  the  Constitution  or  laws  of  this  state  who 
shall,  for  any  reward  or  gratuity  or  any  valuable  consideration,  paid 
or  agreed  to  be  paid,  directly  or  indirectly,  grant,  bargain  or  sell  such 
office  or  any  deputation  thereof,  or  grant  the  right  or  authority  to  dis- 
charge any  of  the  duties  thereof  to  another,  shall  on  conviction  be  pun- 
ished by  imprisonment  in  the  penitentiary^  not  exceeding  five  years, 
or  by  imprisonment  in  a  county  jail  not  exceeding  one  year,  or  by  fine 
not  exceeding  one  thousand  dollars,  or  by  both  such  fine  and  imprison- 
ment.    (R.  S.  1899,  §  2095.) 

Sec.  4407.  Assessment  of  candidates. — ^Any  person  or  association 
of  persons  who  shall  assess,  demand  or  receive,  from  any  candidate  for 
any  state,  coimty  or  municipal  office,  any  sum  or  sums  of  money,  or  who 
shall  attempt,  carry  out  or  participate  in  any  fraud  upon  such  candi- 
date, in  consideration  of  his  or  their  influence,  or  for  money,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  adjudged  guilty  of  a  misdemeanor. 
Nothing  herein  shall  be  construed  to  prohibit  candidates  and  others 
from  voluntarily  contributing  influence  and  money  for  political  pur- 
poses, or  to  prevent  the  regularly  constituted  campaign  committees  of 
political  parties  from  making  assessments  for  legitimate  campaign  ex- 
penses.    (R.  S.  1899,  §  2096.) 

Sec.  4408.  Buying  office. — ^Every  person  who  shall  give,  or  make 
any  agreement  to  give,  any  money,  property,  right  in  action  or  other 
gratuity  or  reward,  in  consideration  of  any  such  bargain,  grant  or  depn- 


54  ELECTION   LAWS. 

tation  of  an  office,  or  any  part  thereof,  shall,  upon  conviction,  be  pun- 
ished as  prescribed  in  the  last  preceding  section.     (R.  S.  1899,  §  2097.) 

Sec.  4409.  Preceding  sections  construed. — Sections  4406  and  4408 
shall  not  be  construed  to  extend  to  the  appointment  of  a  deputy  by  any 
officer  authorized  by  law  to  have  a  deputy,  so  that  no  gratuity  or  re- 
ward be  paid  or  agreed  to  be  paid  for  such  deputation.  (R.  S.  1899, 
S  2098.) 

Sec.  4410.  Grant  of  office  void. — ^Every  grant  or  deputation  of 
-office  made  contrary  to  the  foregoing  provisions  shall  be  void;  but  all 
official  acts  done  before  conviction  under  this  law  by  any  deputy  of  an 
officer  authorized  to  make  such  appointment  shall  be  valid.  (R.  S.  1899, 
§  2099.) 

Sec.  4411.  Oppression  in  office. — Every  person  exercising  or  hold- 
ing any  office  of  public  trust  who  shall  be  guilty  of  willful  and  malicious 
oppression,  partiality,  misconduct  or  abuse  of  authority  in  his  official 
capacity  or  under  color  of  his  office,  shall,  on  conviction,  be  deemed 
guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2100.) 

Sec.  4412.  Fraud  in  office. — Every  officer  or  public  agent  of  this 
iState,  or  of  any  county,  who  shall  commit  any  fraud  in  his  official  capac- 
ity or  under  color  of  his  office,  shall  be  adjudged  guilty  of  a  misde- 
meanor.    (R.  S.  1899,  §  2101.) 

Sec.  4413.  Conviction,  effect  of. — Every  person  who  shall  be  con- 
victed of  any  of  the  offenses  mentioned  in  the  preceding  sections  of  this 
jarticle  shall  be  forever  disqualified  from  holding  any  office  of  honor, 
irust  or  profit  under  the  Constitution  and  laws  of  this  state,  and  from 
voting  at  any  election;  and  every  officer  who  shall  be  convicted  of  any 
official  misdemeanor  or  misconduct  in  office,  or  of  any  offense  which  is 
by  this  or  any  other  statute  punishable  by  disqualification  to  hold  office, 
shall,  in  addition  to  the  other  punishment  prescribed  for  such  offenses, 
forfeit  his  office.     (R.  S.  1899,  §  2102.) 

Sec.  4414.  Exacting  illegal  fees. — Every  officer  who  shall,  by  color 
of  his  office,  unlawfully  and  willfully  exact  or  demand  or  receive  any 
fee  or  reward  to  execute  or  do  his  duty,  or  for  any  official  act  done  or 
to  be  done,  that  is  not  due,  or  more  than  is  due,  or  before  it  is  due,  shall, 
upon  conviction,  be  adjudged  guilty  of  a  misdemeanor.  (R.  S.  1899, 
S  2103.) 

Sec.  4415.  Collecting  illegal  taxes. — ^Every  collector  of  the  reve- 
nue who  shall  unlawfully  collect  taxes  when  none  are  due,  or  shall 
willfully  and  unlawfully  exact  or  demand  more  than  is  due,  shall  upoH 
conviction  be  adjudged  guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2104.) 

Sec.  4416.  Punishment  for  misdemeanor  in  office. — Every  officer 
•r  person  holding  any  trust  or  appointment,  who  shall  be  convicted  of 
any  willful  misconduct  or  misdemeanor  in  office,  or  neglect  to  perform 
•ny  duty  enjoined  on  him  by  law,  where  no  special  provision  is  made 
for  the  punishment  of  such  misdemeanor,  misconduct  or  negligence, 
Bhall  be  punished  by  fine  not  exceeding  five  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment.     (R.  S.  1899,  §  2105.) 

Sec.  4417.  Prosecuting  attorney  guilty  of  misdemeanor,  when. — 
Every  prosecuting  attorney  or  assistant  prosecuting  attorney,  or  other 


OFFENSES   BY   OFFICERS,   CONCERNING  ELECTIONS.  55 

person  acting  for  the  time  being  as  such  officer,  who  shall,  in  pursuance 
of  any  corrupt  agreement  with  any  defendant  or  defendants,  or  other 
person  or  persons,  enter  a  nolle  prosequi  as  to  any  indictment,  or  dis- 
miss or  fail  to  prosecute,  as  provided  by  law,  any  indictment,  or  dis- 
miss or  take  a  nonsuit  in  any  civil  action  pending,  wherein  the  state 
or  any  county  shall  be  a  party,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  fined  in  a  sum  not  less  than 
five  hundred  dollars,  or  imprisoned  in  the  county  jail  not  less  than 
three  months.     (R.  S.  1899,  §  2106.) 

Sec.  4418.  Persons  in  custody  entitled  to  release,  etc. — All  per- 
•ons  arrested  and  confined  in  any  jail,  calaboose  or  other  place  of 
confinement  by  any  peace  officer,  without  warrant  or  other  process,  for 
any  alleged  breach  of  the  peace  or  other  criminal  offense,  or  on  sus- 
picion thereof,  shall  be  discharged  from  said  custody  within  twenty 
hours  from  the  time  of  such  arrest,  unless  they  shall  be  charged  with  a 
criminal  offense  by  the  oath  of  some  credible  person,  and  be  held  by 
warrant  to  answer  to  such  offense ;  and  every  such  person  shall,  while 
so  confined,  be  permitted  at  all  reasonable  hours  during  the  day  to 
consult  with  counsel  or  other  persons  in  his  behalf ;  and  any  person  or 
officer  who  shall  violate  the  provisions  of  this  section,  by  refusing  to 
release  any  person  who  shall  be  entitled  to  such  release,  or  by  refusing 
to  permit  him  to  see  and  consult  with  counsel  or  other  persons,  or 
who  shall  transfer  any  such  prisoner  to  the  custody  or  control  of 
another,  or  to  another  place,  or  prefer  against  such  person  a  false 
charge,  with  intent  to  avoid  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2107.) 

Sec.  4419.  Usurping  office. — If  any  person  shall  take  upon  him- 
self any  office  or  public  trust  in  this  state,  and  exercise  any  power  to  do 
any  act  appertaining  to  such  office  or  trust,  without  a  lawful  appoint- 
ment or  deputation,  he  shall,  upon  conviction,  be  adjudged  guilty  of  a 
misdemeanor.     (R.  S.  1899,  §  2108.) 

Sec.  4420.  Person  and  property  secure  in  absence  of  legal  process. 
If  any  sheriff  or  other  officer,  or  any  person  pretending  to  be  an 
officer,  under  color  or  pretense  of  any  process  or  other  legal  authority, 
arrest  any  person,  or  detain  him  against  his  will,  or  seize  or  levy 
upon  any  property,  or  dispossess  any  one  of  any  lands  or  tenements, 
without  due  and  legal  process,  or  other  lawful  authority  therefor,  he 
shall,  upon  conviction,  be  adjudged  guilty  of  a  misdemeanor.  (R.  S. 
1899,  §  2109.) 

Sec.  4421.  Clerks,  deputies,  etc.,  not  to  buy  fees — not  to  charge 
less  than  legal  fee. — It  shall  be  unlawful  for  the  clerk  of  any  court,  or 
his  deputy,  or  any  person  in  his  employ,  or  any  person  for  him,  or  any 
other  officer  of  any  court,  to  buy  or  purchase,  or  trade  for,  directly  or 
indirectly,  any  fee  taxed  or  to  be  taxed  as  costs  in  the  court  of  which 
he  is  clerk  or  officer,  or  of  any  other  court  in  this  state,  or  any  county 
warrant,  at  less  than  par  value,  which  may  be  by  law  due  or  become 
due  to  any  person  by  or  through  any  such  court ;  and  it  shall  be  unlaw- 
ful for  any  county  clerk,  circuit  clerk,  recorder,  or  any  other  officer  of 
any  court,  or  his  deputy,  or  any  person  in  his  employ,  to  charge,  collect 


56  ELECTION   LAWS. 

or  receive  less  fee  for  his  services  than  is  provided  by  law.  (R.  S. 
1899,  §  2119.) 

Sec.  4422.  Penalty. — Any  such  clerk  or  officer  violating  the  pre- 
ceding section  shall,  upon  conviction,  be  punished  by  fine  of  not  les» 
than  one  hundred  dollars,  and  in  addition  shall  forfeit  his  office,  and 
it  shall  be  the  duty  of  the  judge  having  criminal  jurisdiction  to  give 
this  and  the  preceding  section  in  special  charge  to  the  grand  jury. 
(R.  S.  1899,  §  2120.) 

Sec.  4423.  Intimidating  voters. — If  any  person,  by  menaces, 
threats  or  force,  or  by  any  other  unlawful  means,  either  directly  or  in- 
directly, attempt  to  influence  any  qualified  voter  in  giving  his  vote,  or 
to  deter  him  from  giving  the  same,  or  disturb  or  hinder  him  in  the  free 
exercise  of  his  right  of  suffrage,  at  any  election  held  under  the  Consti- 
tution or  laws  of  this  state,  the  person  so  offending  shall,  on  conviction 
thereof,  be  adjudged  guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2110.) 

Sec.  4424.  Defrauding  voters. — Any  person  who  designedly 
gives  a  printed  or  written  ticket  to  any  qualified  voter  of  this  state, 
containing  the  written  or  printed  names  of  persons  for  whom  said  voter 
does  not  design  to  vote,  for  the  purpose  of  causing  such  voter  to  poll 
his  vote  contrary  to  his  known  wishes,  shall,  on  conviction,  be  adjudged 
guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2111.) 

Sec.  4425.  Circulating  fraudulent  tickets. — Any  person  who  shall 
cause  to  be  printed  and  circulated  or  who  shall  circulate  any  false  and 
fraudulent  tickets,  which  upon  their  face  appear  to  be  designed  as  a 
fraud  upon  voters,  shall,  upon  conviction,  be  deemed  guilty  of  a  mis- 
demeanor.    (R.  S.  1899,  §  2112.) 

Sec.  4426.  Importing  fraudulent  voters. — Any  person  who  shall 
bring  into  this  state  any  person  or  persons  resident  in  another  state, 
with  intent  that  such  person  so  imported  shall  vote  at  any  election  with- 
in this  state  before  they  shall  possess  the  requisite  qualifications,  shall, 
on  conviction,  be  adjudged  guilty  of  a  misdemeanor.  (R.  S.  1899,  § 
2113.) 

Sec.  4427.  Fraudulent  voting. — Every  person  who  shall,  at  any 
election  held  in  pursuance  of  the  laws  of  this  state,  or  of  any  city  or 
other  municipality  thereof,  vote  more  than  once,  either  at  the  same  or  a 
different  place,  or  shall  knowingly  cast  more  than  one  ballot,  or  shall 
vote  at  any  such  election  knowing  that  he  is  not  a  qualified  voter  and  is 
not  entitled  to  vote,  and  every  person  who  shall  knowingly  advise  or 
procure  any  person  to  vote  who  is  not  entitled  to  vote,  or  shall  know- 
ingly advise  or  procure  any  illegal  vote  to  be  cast  at  any  such  election, 
shall  be  deemed  guilty  of  a  felony,  and  upon  conviction,  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  not  exceeding  five  years,  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by  a  fine  of 
not  less  than  fifty  dollars,  or  by  both  such  fine  and  imprisonment.  (R. 
S.  1899,  §  2114.) 

Sec.  4428.  Attempt  to  cast  illegal  vote. — Every  person  who  shall 
attempt  to  vote  at  any  election  held  in  pursuance  of  the  laws  of  this 
state,  or  in  any  city  or  other  municipality  thereof,  knowing  that  he  is 


OFFENSES    BY    OFFICERS,    CONCERNING   ELECTIONS.  57 

not  entitled  to  vote  at  such  election,  shall  be  deemed  guilty  of  a  misde- 
meanor.    (R.  S.  1899,  §  2115.) 

Sec.  4429.  Fraud  by  judges  and  clerks  of  election. — ^If  any  judge 
or  clerk  of  any  election  authorized  by  law,  or  any  other  person,  shall  will- 
fully and  knowingly  receive  and  place  in  the  ballot  box,  or  aid,  assist  or 
assent  to  the  placing  in  any  ballot  box,  any  ballot,  or  paper  purporting  to 
be  a  ballot,  which  is  not  legally  voted  by  a  qualified  voter  at  such  election, 
or  shall  illegally,  willfully  and  fraudulently  abstract,  or  aid  in  or  assent  to 
the  abstraction,  from  any  ballot  box  any  legal  ballot  for  the  purpose  of 
changing  the  lawful  result  of  any  election,  or  shall  in  any  manner  will- 
fully influence  or  attempt  to  influence  any  person  to  do  any  of  the  acts 
aforesaid,  or  to  omit  to  do  any  lawful  act  required  of  him  in  relation  to 
any  election,  or  shall  in  any  manner  illegally,  wiUfully  and  fraudulently 
change  or  attempt  to  change,  or  induce  any  other  person  to  change,  the 
true  and  lawful  result  of  any  election,  by  any  act  to  be  done  either 
before,  at  the  time  of  or  after  such  election,  by  a  wrong  count  of  the 
ballots,  by  changing  the  true  returns  or  making  a  false  return  thereof, 
or  by  changing  the  figures  of  the  returns  after  they  are  made  up,  either 
before  or  after  the  returns  are  duly  made,  or  in  any  other  manner  except 
in  pursuance  of  law  or  the  order  of  a  court,  every  person  offending 
against  any  of  the  provisions  of  this  section  shall,  upon  conviction,  be 
punished  by  imprisonment  in  the  penitentiary  not  exceeding  five  years, 
or  by  imprisonment  in  the  county  jail  not  less  than  three  months,  and 
by  a  fine  not  less  than  one  hundred  dollars,  or  by  both  such  fine  and  im- 
prisonment, and  shall  also  be  forever  prohibited  from  voting  at  any  elec- 
tion and  from  holding  any  office  or  position  of  trust  or  emolument  under 
authority  of  this  state,  or  any  department  thereof,  or  of  any  county,  city 
or  town  therein,  either  by  election  or  appointment,  or  as  clerk  or  em- 
ploye.    (R.  S.  1899,  §  2116:) 

Sec.  4430.  Fraud  in  casting  up  returns. — Any  person  who  may  be 
authorized  by  law  to  receive,  canvass  or  count  the  poll  books,  tally  lists 
or  election  returns  of  any  election  authorized  by  law,  who  shall  willfully 
and  knowingly  receive,  canvass  and  count,  or  assist  therein,  any  poll- 
books,  tally  lists  or  election  returns  which  are  fraudulent,  forged,  coun- 
terfeited, or  shall  falsely  and  fraudulently  make  an  incorrect  and  false 
account  of  any  election  returns,  with  intent  to  defeat  a  fair  expression 
of  the  popular  will,  and  any  person  or  persons  whose  duty  it  may  be  to 
grant  certificates  of  election,  or  in  any  manner  declare  the  result  of  any 
election  held  by  authority  of  law,  who  shall  grant  a  false  certificate,  or 
declare  the  result  of  any  election  based  upon  fraudulent,  fictitious  or  ille- 
gal votes  or  returns,  with  intent  to  defeat  a  fair  expression  of  the  popu- 
lar will,  or  to  deprive  any  person  duly  elected  of  his  office,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction,  be  punished  as  pre- 
scribed in  the  next  preceding  section.     (R.  S.  1899,  §  2117.) 

See  Sees.  4443,  4444. 

Sec.  4431.    Neglect  of  judges  and  clerks  to  perform  duty. — If  the 

judges  and  clerks  of  any  election,  or  any  of  them,  shall  willfully  neglect, 
refuse  or  omit  to  perform  any  duty  enjoined  or  required  of  them  by  law 
with  respect  to  holding  and  conducting  such  election,  receiving  and 


58  ELECTION  LAWS. 

counting  out  the  ballots  and  making  proper  return  thereof,  or  shall  in- 
spect or  read  any  ballot  voted,  or  disclose  the  name  or  names  of  any  of 
the  candidates  or  persons  voted  for  by  any  voters  at  such  election,  shall 
be  deemed  guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2118.) 

Sec.  4432.  Refusal  to  give  canvasser  infarmation. — If  any  person 
shaU  refuse  to  give  any  canvasser  or  clerk  of  election  required  by  any 
law  of  this  state  to  canvass  any  election  precinct,  any  information 
known  to  him  and  asked  of  him  by  such  canvasser  or  clerk;  or  shall 
willfully  make  a  false  answer  to  any  such  canvasser  or  clerk  touching 
such  required  information,  such  person  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  fifty  dollars,  or  be  imprisoned  not  more  than 
thirty  days.     (Laws  1903,  p.  155.) 

Sec.  4433.  Neglect  of  duty  by  canvasser. — Any  clerk  or  can- 
vasser appointed  to  canvass  any  election  precinct,  pursuant  to  any 
law  of  this  state,  who  shall  willfully  fail  to  appear,  or  shall  willfully 
refuse  to  continue,  or  shall  willfully  abandon  said  canvass,  shall  be 
deemed  guilty  of  a  misdemeanor  and  on  conviction  shall  be  punished 
by  imprisonment  for  not  less  than  one  month  nor  more  than  one  year 
in  the  city  or  county  jail.     (Laws  1903,  p.  155.) 

Sec.  4434.  Id.  Penalty  for  neglect  of  certain  duties. — If  any 
clerk  or  canvasser  of  any  election  precinct,  whose  duty  it  is  under  any 
law  of  this  state  to  transfer  the  names  of  voters  from  the  register  of 
voters  to  the  verification  lists  furnished  him  by  any  board  of  election 
commissioners ;  or  to  check  the  name  of  any  person  on  said  verification 
lists  transferred  from  the  register  as  aforesaid  and  not  found  by  can- 
vass in  said  election  precinct  at  the  place  designated  on  said  verifica- 
tion lists;  or  to  mail  the  notice  or  notices  required  by  law  to  all  the 
parties  so  checked;  or  to  leave  such  notice  or  notices  at  the  place 
designated  for  such  person  so  designated,  or  shall  willfully  neglect  to 
perform  any  of  said  duties,  he  shall  be  deemed  guilty  of  a  felony,  and, 
upon  conviction,  shall  be  punished  by  imprisonment  not  less  than  two 
years  nor  more  than  five  years.     (Laws  1903,  p.  155.) 

Sec.  4435.  Id.  What  deemed  a  felony. — If  any  clerk  or  canvasser 
of  any  election  precinct  appointed  under  any  law  of  this  state  shall 
willfully  neglect  to  perform  his  duties  in  making  such  canvass,  he 
shall  be  deemed  guilty  of  a  felony  and  upon  conviction,  shall  be  pun- 
ished by  imprisonment  not  less  than  two  years  nor  more  than  five 
years.     (Laws  1903,  p.  155.) 

Sec.  4436.  Signing  application  to  have  voter's  name  erased,  a 
felony. — It  shall  be  a  felony,  punishable  upon  conviction  by  imprison- 
ment for  not  less  than  two  years  nor  more  than  five  years,  for  any 
voter  or  voters  to  sign  any  application  to  have  erased  any  name  law- 
fully upon  any  register  of  voters  required  by  law  to  be  made,  unless 
the  person  signing  such  application  had  then  cause  to  fairly  justify 
him  in  the  belief  that  the  name  ought  to  be  erased  from  such  regis- 
ter.    (Laws  1903,  p.  155.) 


OFFENSES   BY   OFFICERS,    CONCERNING   ELECTIONS.  59 

Sec.  4437.     Neglect  of  duty  by  judge  or  clerk— penalty. — Any 

judge  or  clerk  of  any  election  precinct  who  shall  willfully  absent  him- 
self from  the  polls  on  election  day,  without  good  cause,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  five  hun- 
dred dollars ;  and  if  any  such  judge  or  clerk  of  election  shall  willfully 
"detain  any  register  or  poll  book  or  ballot  and  not  cause  it  to  be  pro- 
duced at  the  polling  place  at  the  opening  of  the  polls,  or  for  fifteen 
minutes  thereafter,  he  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  be  imprisoned  not  less  than  three  months  nor  more  than 
one  year,  or  fined  not  less  than  two  hundred  dollars  nor  more  than 
one  thousand  dollars.     (Laws  1903,  p.  155.) 

Sec.  4438.  Ballot  boxes  to  be  kept  in  view — ^penalty. — The  judges 
of  any  election  precinct  shall  each  be  held  guilty  of  a  misdemeanor, 
And,  upon  conviction,  be  fined  five  hundred  dollars  if  the  ballot  box  in 
said  election  precinct  shall  not  be  kept  constantly  in  public  view  dur- 
ing the  progress  of  the  election,  unless  it  shall  be  shown  by  a  judge 
that  he  protested  against  such  obstruction  of  the  view  of  the  ballot  box 
and  was  overruled  by  a  majority  of  the  judges,  in  which  case,  the  judge 
so  protesting,  shall  not  be  guilty  of  such  misdemeanor ;  and  where  de- 
mand has  been  made  on  either  of  said  judges  to  remove  such  obstruc- 
tion and  he  shall  fail  to  remove  the  same  and  shall  not  protest  against 
such  obstruction  and  be  overruled  by  a  majority  of  the  judges,  he 
shall  upon  conviction  be  further  liable  to  be  imprisoned  in  jail  not 
less  than  six  months  nor  more  than  one  year.     (Laws  1903,  p.  155.) 

Sec.  4439.  Failure  to  serve  as  judge  or  clerk — penalty. — Any  per- 
son being  qualified  to  act  as  judge  or  clerk  of  election  and  having  no  legal 
exemption  or  physical  disability  preventiag  him  from  appeariQg  before 
the  board  of  election  commissioners,  or  county  clerk,  who  may  be  ap- 
pointed judge  or  clerk,  and  who,  upon  due  notice  to  appear  and  qualify 
before  such  board  of  election  commissioners  or  county  clerk,  shall  fail 
so  to  do,  or  who,  having  qualified,  shall  fail  to  act  as  judge  or  clerk  at 
any  election  for  which  he  was  appointed  and  qualified,  unless  prevented 
from  service  by  illness,  or  unless  removed,  or  excused  by  the  commis- 
sioners or  county  clerk,  for  other  sufficient  cause,  shall  be  guilty  of  a 
imisdemeanor,  and  upon  conviction  thereof  be  punished  by  imprisonment 
in  the  city  or  county  jail  not  less  than  three  months  nor  more  than  six 
months.  But  if  his  failure  to  qualify  or  serve  was  with  intent  that 
some  unsuitable  person  should  be  appointed  and  act  in  his  stead,  to  the 
end  that  the  election  in  the  precinct  for  which  he  was  appointed  should 
be  unfairly  conducted,  then  he  shall  be  guilty  of  a  felony,  and  upon 
conviction  thereof  shall  be  confined  in  the  penitentiary  not  less  than  two 
years  nor  more  than  five  years.     (Laws  1903,  p.  155.) 

Sec.  4440.    Condition  of  ballot  boxes  to  be  noted  when  received. — 

The  said  election  commissioners,  or  county  clerk,  upon  the  receipt 
of  any  ballot  box  containing  any  ballots  cast  at  any  election  and 
key  thereto,  shall  note  the  condition  of  seal  or  stamp  on  said  box, 
and  enter  the  fact  touching  the  same  upon  a  book  kept  by  them,  together 
with  the  name  of  the  judge  who  returns  such  ballot  box,  and  the  name 


60  ELECTION   LAWS. 

of  the  judge  who  returns  said  key ;  he  shall  thereupon  open  said  ballot 
box  and  remove  the  poll  books  containing  the  returns  of  the  votes  cast^ 
and  note  upon  the  book  their  condition,  and  put  them  in  a  secure  place,, 
under  lock  and  key,  to  which  the  public,  in  no  event,  shall  have  access. 
If  any  judge  or  judges  or  clerks  taking  ballots,  ballot  boxes,  statement,, 
tally  or  poll  books,  to  be  delivered  to  the  election  commissioners,  or 
county  clerk,  shall  fail  to  deliver  the  same  to  said  election  commissioners 
or  county  clerk  with  all  reasonable  speed,  in  no  event  to  be  more  than 
two  hours  after  the  close  of  the  canvass  of  the  votes,  as  aforesaid,  where 
the  ballots,  ballot  boxes,  statement,  tally  or  poll  books  are  to  be  deliv- 
ered to  a  board  of  election  commissioners,  or  shall  fail  or  refuse  to  comply 
with  the  provisions  of  this  section,  he  or  they  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  five  hundred  dollars,  or  impris- 
oned for  not  more  than  six  months  or  by  both  such  fine  and  imprison- 
ment.    (Laws  1903,  p.  155.) 

Sec.  4441.  Impersonation  of  voter  ajid  false  registration  prohibited. 

Any  person  who  shall  impersonate  a  voter  or  other  person,  or  who  shall 
register,  or  attempt  or  offer  to  register  under  any  name  not  his  own,  or 
who  shall  fraudulently  register,  or  offer,  or  attempt  to  register  in  or  un- 
der the  name  of  any  other  person,  or  in  or  under  any  assumed  or  ficti- 
tious name,  or  in  or  under  any  name  not  his  own,  or  shall  register  in  two 
election  precincts ;  or  having  registered  in  one  precinct,  shall  attempt  to 
register  in  another,  or  shall  knowingly,  by  false  personation  or  otherwise, 
cause  or  procure,  or  attempt  to  procure  the  name  of  any  qualified  voter 
in  any  election  precinct  to  be  erased  or  stricken  from  any  registry  of 
voters  in  such  precinct,  made  in  pursuance  of  law;  or  by  force,  threat, 
menace,  intimidation,  bribery,  reward  or  offer  or  promise  thereof,  or 
other  unlawful  means,  prevent,  hinder  or  delay  any  person  having  a 
legal  right  to  register  or  to  be  registered,  from  duly  exercising  such  right ; 
or  who  shall  solicit,  counsel  or  induce,  by  unlawful  means,  any  officer  of 
registration  to  register  any  person  not  entitled  to  registration  in  such  pre- 
cinct; or  shall  fraudulently  register,  or  attempt  or  offer  to  register  in 
any  election  precinct  not  having  a  lawful  right  to  register  therein,  or 
shall  willfully  or  knowingly  do  any  unlawful  act  to  secure  registration 
for  himself  or  any  other  person;  or  any  person  who  shall  attempt  to 
register,  or  register  under  any  assumed,  false  or  fictitious  name,  or  any 
name  of  any  person  except  as  provided  by  law;  or  shall  knowingly  or 
willfully  or  fraudulently  interfere  with,  hinder  or  delay  any  judge  of 
election  or  other  officer  of  registration,  in  the  discharge  of  his  duties,  or 
counsel,  advise  or  induce,  or  attempt  to  induce  any  such  judge  or  other 
officer  to  refuse  or  neglect  to  comply  with  or  perform  his  duties,  or  to- 
violate  any  law  prescribed  for  regulating  the  same ;  or  shall  aid,  counsel, 
procure,  solicit  or  advise  any  voter,  person,  judge  of  election  or  other 
officer  of  registration,  to  do  any  act  by  law  forbidden,  or  constituted  an 
offense,  or  omit  to  do  any  act  by  law  directed  to  be  done ;  or  any  person 
who  shall  approach  within  one  hundred  yards  of  any  polling  place  dur- 
ing the  time  any  election  therein  is  being  conducted  or  the  votes  therein 
being  canvassed  or  returned,  carrying  concealed  or  deadly  weapons,  or 


OFFENSES    BY   OFFICERS,    CONCERNING   ELECTIONS.  61 

who  shall  then  and  there  exhibit  the  same  for  the  purpose  of  intimidating 
any  voter,  or  display  any  deadly  weapon  or  make  use  of  the  same ;  or  if 
any  judge  or  clerk  of  election  shall,  at  any  registration  of  voters,  know- 
ingly and  willfully  misspell  the  name  of  any  person  who  applies  to  regis- 
ter when  he  writes  said  name  upon  the  registry  book,  or  shall  write  there- 
in a  name  other  than  the  one  given  to  him  by  the  applicant,  instead  of 
said  name,  or  shall  under  the  column  "  residence, '*  on  the  line  with  any 
applicant's  name,  enter  any  street  or  number  other  than  that  given  by 
said  applicant,  or  shall  fail  or  neglect  to  enter  in  said  column  the  street 
and  number  and  the  designation  of  the  house  or  room,  as  given  him  by 
said  applicant;  every  such  person,  upon  conviction  thereof,  shall  be  ad- 
judged guilty  of  a  felony,  and  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  not  less  than  two  years  nor  more  than  five  years.  (Laws 
1903,  p.  155.) 

Sec.  4442.  Id.  Penalty. — Any  person  who  shall  falsely  impersonate  a 
voter  or  other  person,  and  vote,  or  attempt  or  offer  to  vote  in  or  upon  any 
name  not  his  own,  or  shall  vote,  or  attempt  to  vote,  in  or  upon  the  name 
of  any  other  person,  living  or  dead,  or  in  or  upon  any  assumed  or  ficti- 
tious name,  or  in  or  upon  any  name  not  his  own ;  or  shall  knowingly,  will- 
fully or  fraudulently  vote  more  than  once  for  any  candidate  for  the  same 
office,  except  as  authorized  by  law ;  or  shall  vote,  or  attempt  or  offer  to 
vote  in  any  precinct  without  having  a  lawful  right  to  vote  therein ;  or 
vote  more  than  once,  or  vote  in  more  than  one  election  precinct ;  or  hav- 
ing voted  once,  shall  vote,  or  attempt  to  vote  again;  or  shall  knowingly, 
willfully  or  fraudulently  do  any  unlawful  act  to  secure  the  right  or  op- 
portunity to  vote  for  himself  or  for  any  other  person  to  vote ;  or  shall 
by  force,  threat,  menace,  intimidation,  bribery  or  reward,  or  offer,  or 
promise  thereof,  or  otherwise  unlawfully,  either  directly  or  indirectly, 
influence  or  attempt  to  influence  any  voter  in  giving  his  vote ;  or  pre- 
vent or  hinder,  or  attempt  to  prevent  or  hinder,  any  voter  from  freely 
exercising  the  right  of  suffrage;  or  by  any  such  means  induce,  or  at- 
tempt to  induce,  any  such  voter  to  exercise  any  such  right,  or  shall, 
by  such  means   or  otherwise,  compel  or  induce,  or  attempt  to  compel 
or  induce,  any  judge  of  election  or  other  officers  of  election,  to  re- 
ceive the  vote  of  any  person  not  legally  qualified  or  entitled  to  vote 
at  the  said  election  in  such  precinct;  or  shall  knowingly,  willfully 
or  fraudulently  interfere  with,  delay  or  hinder  in  any  manner  any 
judge  of  election,  poll  clerk  or  other  officer  of  election  in  the  discharge 
of  his  duties;  or  by  any  such  means  or  other  unlawful  means,  know- 
ingly, willfully  or  fraudulently,  counsel,  advise,  induce  or  attempt 
to  induce  any  judge  of  election,  poll  clerk  or  other  officer  of  election, 
whose  duty  it  is  to  ascertain,  proclaim,  announce  or  declare  the  re- 
sult of  any  such  election,  to  give  or  make  any  false  certificate,  docu- 
ment, report    or  other  false  evidence  in  relation  thereto;  or  to  re- 
fuse or  neglect  to  comply  with  his  duties,  or  to  violate  any  law  regu- 
lating the  same ;  or  to  receive  the  vote  of  any  person  in  any  election  pre- 
cinct not  entitled  to  vote  therein,  or  to  refuse  to  receive  the  vote  of  any 
person  entitled  to  vote  therein ;  or  shall  aid,  counsel,  advise,  procure  or 
assist  any  voter  to  do  any  act  by  law  forbidden,  or  constituted  an 


62  ELECTION  LAWS. 

offense;  every  such  person,  judge  or  other  officers  of  the  election,  or 
any  person  whomsoever,  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  felony,  and  shall  be  punished  for  each  and  every  such 
offense  by  imprisonment  in  the  penitentiary  for  not  less  than  two  years 
nor  more  than  five  years.     (Laws  1903,  p.  155.) 

See  Sees.  4427  and  4428. 

Sec.  4443.  False  canvass  of  votes — returns — destniction  or  con- 
cealment— penalty. — Every  election  commissioUv^T,  deputy  election 
commissioner,  judge  of  election,  clerk,  canvasser  or  other  officer 
authorized  to  take  part  in  or  perform  any  duty  in  relation  to  any 
canvass  or  official  statement  of  the  votes  cast  at  any  election  in  any 
precinct,  or  in  any  city  or  county,  who  shall  make  any  false  can- 
vass of  such  votes;  or  shall  knowingly  or  willfully  neglect  to  make 
a  canvass  of  any  election  precinct,  as  required  by  the  provisions  of 
this  statute,  or  shall  knowingly  or  willfully  make,  sign,  publish  or  deliver 
any  false  return  of  such  election,  or  any  false  certificate  or  statement  of 
the  result  of  such  election,  or  who  shall  deface,  destroy  or  conceal  any 
statement,  tally  or  other  certificate  entrusted  to  his  care  or  custody,  shall, 
on  conviction  thereof,  be  adjudged  guilty  of  a  felony,  and  be  punished 
by  imprisonment  in  the  penitentiary  not  less  than  two  years  nor  more 
than  five  years.     (Laws  1903,  p.  155.) 

See   Sees.   4429   and  4430. 

Sec.  4444.    Ballots  and  ballot  boxes — ^things  prohibited  in  use  of. — 

If  any  person  other  than  a  judge  of  election  shall  at  any  such  election 
knowingly  or  willfully  put  or  cause  to  be  put  any  ballot  into  any 
box  used  at  such  election  for  the  reception  of  ballots ;  or  if  any  judge 
of  election  shall  knowingly  and  willfully  cause  or  permit  any  ballot 
or  ballots  to  be  in  said  box  at  the  opening  of  the  polls  and  before 
the  voting  shall  have  commenced;  or  shall  knowingly,  willfully  or 
fraudulently  put  any  ballot  or  other  paper  having  the  semblance 
of  a  ballot  or  cause  or  permit  any  ballot  or  other  paper  having  the 
semblance  of  a  ballot,  to  be  put  in  any  such  box  at  any  such  election, 
unless  the  same  shall  be  offered  by  a  voter  and  his  name  shall  have 
been  found  and  kept  on  the  registry  as  provided  by  some  law  of 
this  state,  or  who  shall  be  entitled  to  vote  under  some  law  of  this 
state ;  or  if  any  such  judge  of  election,  or  other  officer  or  person  shall, 
during  the  canvass  of  the  ballots,  in  any  manner  change,  substitute  or 
alter  any  ballot  taken  from  the  ballot  box  then  being  canvassed,  or 
from  any  ballot  box  which  has  not  been  canvassed;  or  shall  remove 
any  ballot,  or  semblance  thereof  from,  or  add  any  ballot  or  semblance 
thereof  to  the  ballots  taken  from  the  ballot  box  then  being  canvassed, 
,or  from  any  ballot  box  which  has  not  been  canvassed ;  every  such  per- 
son shall,  upon  conviction,  be  adjudged  guilty  of  a  felony,  and  punished 
by  imprisonment  in  the  penitentiary  not  less  than  two  years  nor  more 
than  five  years.     (Laws  1903,  p.  155.) 

See   Sees.  4429   and   4430. 

Sec.  4445.  Breaches  of  the  peace  and  disorderly  conduct. — If,  at 
any  registration  of  voters,  or  on  any  day  of  election,  or  during  the 


OFFENSES   BY   OFFICERS,   CONCERNING  ELECTIONS.  63 

canvass  of  the  votes  cast  thereat,  any  person  shall  cause  any  breach 
of  the  peace,  or  be  guilty  of  any  disorderly  conduct,  violence  or 
threats  of  violence  whereby  any  such  registration,  revision,  election 
or  canvass  shall  be  impeded  or  hindered;  or  whereby  the  lawful  pro- 
ceedings of  any  judge  of  election,  or  board  of  registration,  or  clerk^ 
or  other  officer  of  such  election,  or  challenger,  or  persons  designated 
to  be  present  at  the  canvass  of  any  ballot  as  herein  provided,  are 
interfered  with;  every  such  person  shall,  upon  conviction,  be  adjudged 
guilty  of  a  misdemeanor,  and  punished  by  imprisonment,  not  less  than 
thirty  days  nor  more  than  one  year.     (Laws  1903,  p.  155.) 

Sec.  4446.  Electioneering  for  candidates  by  certain  oflacers  pro- 
hibited.— It  shall  be  unlawful  for  any  judge  of  election,  clerk  or  per- 
son designated  as  a  challenger  under  any  laws  of  this  state,  or  any 
person  or  persons  within  the  polling  place,  to  electioneer  for  any  can- 
didate, party  or  proposition.  Any  violation  of  this  section  shall  be 
a  misdemeanor,  and  shall  be  punished  by  imprisonment  not  less  than 
ten  days  nor  more  than  ninety  days,  or  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars.     (Laws  1903,  p.  155.) 

Sec.  4447.  Failure  of  clerk  or  judge  to  sign  and  make  return — 
penalty. — Any  judge  or  clerk  who  shall  fail  to  sign  and  deliver 
to  the  board  of  election  commissioners  or  county  clerk  the  statement 
required  by  law  of  his  reasons  why  he  refuses  to  sign  the  registry 
books,  and  other  books,  blanks  and  forms  required,  or  the  election  re- 
turns of  his  precinct,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the  city 
or  county  jail  not  less  than  ten  days  nor  more  than  thirty  days.  (Laws 
1903,  p.  155.) 


CHAPTER  36— ARTICLE  IV. 

CRIMES  AND  PUNISHMENTS. 

Sec.  4496.  Carrying  concealed  weapons. — If  any  person  shall 
carry  concealed  upon  or  about  his  person  a  dangerous  or  deadly  weapon 
of  any  kind  or  description,  or  shall  go  into  any  church  or  place  where 
people  have  assembled  for  religious  worship,  or  into  any  school  room  or 
place  where  people  are  assembled  for  educational,  political,  literary  or 
social  purposes,  or  to  any  election  precinct  on  any  election  day,  or  into 
any  court  room  during  the  sitting  of  court,  or  into  any  other  public  as- 
semblage of  persons  met  for  any  lawful  purpose  other  than  for  militia 
drill,  or  meetings  called  under  militia  law  of  this  state,  having  upon  or 
about  his  person,  concealed  or  exposed,  any  kind  of  fire  arms,  bowie 
knife,  spring-back  knife,  razor,  metal  knucks,  billy,  sword  cane,  dirk, 
dagger,  slung  shot  or  other  similar  deadly  weapons,  or  shall,  in  the  pres- 
ence of  one  or  more  persons,  exhibit  any  such  weapon  in  a  rude,  angry 
or  threatening  manner,  or  shall  have  any  such  weapon  in  his  posses- 
sion when  intoxicated,  or,  directly  or  indirectly,  sell  or  deliver,  loan  or 
barter  to  any  minor  any  such  weapon,  without  the  consent  of  the  parent 
or  guardian  of  such  minor,  he  shaU,  upon  conviction,  be  punished  by  im- 


^64  ELECTION   LAWS. 

prisonment  in  the  penitentiary  not  exceeding  two  years,  or  by  a  fine  of 
not  less  than  one  hundred  nor  more  than  one  thousand  dollars,  or  by  im- 
prisonment in  the  county  jail  not  less  than  fifty  days  nor  more  than  one 
year,  or  by  both  such  fine  and  imprisonment:  Provided,  that  nothing 
contained  in  this  section  shall  apply  to  legally  qualified  sheriffs,  police 
officers  and  other  persons  whose  bona  fide  duty  is  to  execute  process, 
civil  or  criminal,  make  arrests,  or  aid  in  conserving  the  public  peace,  nor 
to  persons  traveling  in  a  continuous  journey  peaceably  through  this  state. 
(R.  S.  1899,  §  1862,  amended,  Laws  1909,  p.  452.) 


CHAPTER  36— ARTICLE  V. 

CRIMES  AND  PUNISHMENTS. 

Sec.  4631.     Conviction  in  what  cases  forfeits  citizenship. — Any 

person  who  shall  be  convicted  of  arson,  burglary,  robbery  or  larceny, 
in  any  degree,  in  this  article  specified,  or  who  shall  be  sentenced  to  im- 
prisonment in  the  penitentiary  for  any  other  crime  punishable  under 
the  provisions  of  this  article,  shall  be  incompetent  to  serve  as  a  juror  in 
any  cause,  and  shall  be  forever  disqualified  from  voting  at  any  election 
or  holding  any  office  of  honor,  trust  or  profit,  within  this  state:  Pro- 
vided, that  the  provisions  of  this  section  shall  not  apply  to  any  person 
who  at  the  time  of  his  conviction  shall  be  under  the  age  of  twenty 
years:  Provided  further,  that  in  all  cases  where  persons  have  been 
convicted  under  this  article  the  disqualification  provided  may  be  re- 
moved by  the  pardon  of  the  governor  any  time  after  one  year  from  the 
date  of  conviction.     (R.  S.  1899,  §  1991.) 


CHAPTER  36— ARTICLE  VIII. 

CRIMES  AND  PUNISHMENTS. 

Sec.  4763.  Betting  on  election.— Every  person  who  shall  bet  or 
wager  any  money  or  other  valuable  thing  on  the  result  of  any  election 
authorized  by  the  Constitution  and  laws  of  the  United  States  or  of  this 
State,  or  on  any  vote  to  be  given  at  such  election,  or  who  shall  know- 
ingly become  stakeholder  of  any  such  bet  or  wager,  shall  be  punished 
by  fine  not  exceeding  fifty  dollars.     (R.  S.  1899,  §  2211.) 


STATE  OFFICERS,   CONGRESSMEN,   ETC. 


65 


CHAPTEE   43. 

ELECTIONS. 

Articlb  L  Election  of  state  officers,  congressmen,  members  of  the  legislature  and  other 
officers. 

n.  General  provisions. 

IIL  Nominations. 

rv.  Primary  elections 

V.  Ballots,  voting  and  returns. 

VT.  Election  contests. 

VII.  Constitutional  amendments. 

VIII.  Primary  elections  in  counties  having  over  100,000  inhabitants. 

IX.  Primary   elections  In  counties  having  over  175,000  and  less  than   300,009 
inhabitants. 

X.  Primary  elections  In  cities  of  100,000  Inhabitants  and  over. 

XL  Primary  elections  in  cities  having  over  300,000  hihabltants. 

XII.  Corrupt  practices. 

XIII.  Registration  in  cities  with  25.000  and  less  than  100.000  inhabitants. 

XIV.  Regristration  and  elections  in  cities  having  100.000  Inhabitants  or  over. 
XV.  Registration  and  elections  In  cities  having  300,000  inhabitants  or  over. 

XVI.    Primary  elections  for  United  States  senator. 


ARTICLE  I. 

ELECTION  OP  STATE  OFFICERS,   CONGRESSMEN,  MEMBERS  OF  THE  LEGIS- 
LATURE AND  OTHER  OFFICERS. 


SECTION 
5794.    Clerks 


to     transmit     abstract    of 
votes  to  secretary  of  state. 
Special  messenger  may  be  sent. 
Penalty    If  clerk  fail  to  transmit, 
etc. 
5797.    Duty  of   secretary  of  state  when 
returns  are  in. 
In  case  of  tie,  a  special  election. 
Governor  may  direct,   what. 


5795. 
5796. 


5798 
5799. 


SECTION 

5788.  Election  of  state  officers. 

5789.  Election   of  congressmen,   etc 

5790.  Duty  of  secretary  of  state  to  lay 

before  each  house  list  of  mem- 
bers  elected. 

5791.  Returns   of   election   of   state   offi- 

cers    to     be     delivered     to     the 
speaker  of  the  house. 

5792.  Tie,  how  determined. 
6793.    Compensation  of  clerks  and  mes- 
sengers. 

Sec.  5788.  Election  of  state  oflBcers. — On  the  first  Tuesday  after 
the  first  Monday  in  November  in  the  year  1880,  and  every  four  years 
thereafter,  there  shall  be  an  election  held  in  each  township  in  thii 
Btate  and  in  each  ward  of  the  city  of  St.  Louis  for  the  election  of 
governor,  lieutenant-governor,  secretary  of  state,  state  auditor,  state 
treasurer  and  attorney-general,  who  shall  hold  their  oflBces  for  the 
term  of  four  years  after  the  second  Monday  in  January  next  after  their 
election,  and  until  their  successors  are  elected  and  qualified.  (R.  S. 
1899,  §  6981.) 

Sec.  5789.  Election  of  congressmen,  etc. — On  the  first  Tuesday 
after  the  first  Monday  in  November,  in  the  year  1880,  and  every  two 
years  thereafter,  there  shall  be  an  election  held  in  each  township  in 
this  state,  and  in  each  ward  of  the  city  of  St.  Louis,  for  the  election  of 
a  member  of  congress  from  each  congressional  district,  of  senators  and 
representatives  in  those  districts  and  judges  of  the  county  courts  in 


66  ELECTION   LAWS. 

those  counties  where  the  term  of  those  elected  has  expired,  and  for 
sheriffs  and  coroners,  and  such  other  officers  as  may  be  required  by 
law  to  be  elected  at  such  elections.     (R.  S.  1899,  §  6982.) 

Sec.  5790.  Duty  of  secretary  of  state  to  lay  before  each  house 
liat  of  members  elected. — Within  two  days  after  the  meeting  of  each 
general  assembly,  the  secretary  of  state  shall  lay  before  each  house 
a  list  of  the  members  elected  thereto,  agreeably  to  the  returns  in 
his  office,  which  returns  and  lists  shall  show  who  did  and  who  did 
not  produce  tax  receipts,  as  provided  in  sections  5914  and  5916.  (R. 
S.  1899,  §  7017.) 

Sec.  5791.  Returns  of  election  of  state  officers  to  be  delivered 
to  the  speaker  of  the  house. — ^After  each  election  of  governor,  lieu- 
tenant-governor, secretary  of  state,  state  auditor,  state  treasurer, 
attorney-general,  railroad  and  warehouse  commissioners  and  superin- 
tendent of  public  schools,  the  secretary  of  state  shall,  immediately 
after  the  organization  of  the  house  of  representatives,  deliver  to  the 
speaker  thereof  the  returns  of  the  votes  given  for  the  last-named 
officers,  who  shall  thereupon  immediately  notify  the  senate  of  the 
same,  and  that  the  house  is  ready  to  receive  the  senate  in  joint  ses- 
sion to  open  and  publish  the  same,  whereupon  the  senate  shall  im- 
mediately repair  to  the  hall  of  the  house  of  representatives;  and  the 
speaker  of  the  house  shall,  before  proceeding  to  other  business,  in 
the  presence  of  a  majority  of  the  members  elected  to  each  house  of 
the  general  assembly  so  assembled  in  joint  session,  open  and  publish 
the  same.  In  case  of  an  alleged  mistake  in  any  return,  or  when  more 
than  one  return  has  been  made  for  any  of  said  officers  from  any 
county  or  city  or  precinct,  the  two  houses  shall,  in  joint  session, 
correct  such  mistake,  if  any,  and  determine  which  is  the  true  and 
correct  return  by  a  vote  of  a  majority  of  the  members  present,  and 
the  same  shall  be  counted  by  the  speaker,  under  the  direction  and 
control  of  the  two  houses  thus  assembled.  The  person  having  the 
highest  number  of  votes  for  any  of  said  offices  shall  be  declared  by 
the  speaker  of  the  house  to  have  been  duly  elected.  (R.  S.  1899,  S 
7018.) 

Sec.  5792.  Tie,  how  determined.— If  two  or  more  persons,  candi- 
dates for  any  of  the  offices  named  in  the  last  preceding  section,  shall 
have  an  equal  and  the  highest  number  of  votes  cast  for  the  same,  the 
general  assembly  shall,  by  joint  vote,  before  proceeding  to  other 
business,  choose  one  of  such  persons  for  such  office ;  and  the  speaker 
of  the  house  shall  deposit  in  the  office  of  the  secretary  of  state  a 
certificate  declaring  what  person  has  been  elected  to  such  office. 
(R.  S.  1899,  §  7019.) 

Sec.  5793.  Compensation  of  clerks  and  messengers.— There  shall 
be  allowed  to  the  clerks  for  sending  or  conveying  the  returns  of  any 
senatorial  election  into  any  other  county  in  the  district,  as  occasion 
may  require,  and  also  to  any  messenger  who  may  be  employed  to  con- 
vey the  returns  of  any  election  required  by  law  to  be  made  to  the 
secretary  of  state,  at  the  rate  of  five  cents  per  mile,  going  and  return- 
ing.   (R.  S.  1899,  §  7020.) 


STATE   OFFICERS,   CONGRESSMEN,    ETC.  67" 

Sec.  5794.  Clerks  to  transmit  abstract  of  votes  to  secretary  of 
state. — The  clerks  of  the  several  courts  to  whom  a  transcript  of  the 
votes  is  directed  shall,  within  two  days  after  the  time  limited  for  the- 
examination  of  the  polls,  deliver  to  the  nearest  postoffice  on  the  most 
direct  route  to  the  seat  of  government,  addressed  to  the  secretary  of 
state,  a  fair  abstract  of  the  votes  given  in  their  respective  counties^ 
by  precincts,  for  members  of  congress,  governor,  lieutenant-governor^ 
state  senators  and  representatives,  judges  of  the  supreme  court,  judges- 
of  the  St.  Louis  and  Kansas  City  courts  of  appeals,  judges  of  the 
circuit  courts,  secretary  of  state,  state  auditor,  state  treasurer,  attor- 
ney-general, railroad  and  warehouse  commissioners  and  superintend- 
ent of  public  schools.  Such  abstracts  shall  be  enclosed  in  strong- 
envelopes,  closely  sealed,  which  shall  in  no  case  be  opened  until  the- 
day  fixed  for  the  counting  of  such  votes,  as  hereinafter  provided,  and 
the  said  envelopes  shall  be  indorsed  by  the  clerk: 

"Returns  of  an  election  held  in  the  county  of ,  on  the  

day  of  ,  A.  D.  19—,  for  the  offices  of  ,*'  etc.     (R.  S.  1899, 

§  7011.) 

Sec.  5795.  Special  messenger  may  be  sent. — If  there  shall  be  a 
failure  to  receive  any  of  the  returns  at  the  seat  of  government  for  one 
mail  after  the  same  is  due,  the  secretary  of  state,  unless  the  circum- 
stances shall  clearly  justify  a  longer  delay,  in  no  case  to  exceed  forty 
days  from  the  time  of  such  election,  shall  dispatch  a  messenger  to  the 
county  not  returned,  with  directions  to  bring  up  the  abstract.  (Rw 
S.  1899,  §  7012.) 

Sec.  5796.  Penalty,  if  clerk  fail  to  transmit,  etc. — ^If  such  failure 
shall  happen  by  neglect  of  the  clerk,  he  shall  forfeit  to  the  state  one 
hundred  dollars,  together  with  the  expenses  of  such  messenger,  to  be 
recovered  by  civil  action  before  any  court  having  jurisdiction  thereof. 
And  it  shall  be  the  duty  of  the  secretary  of  state  to  direct  the  prose- 
cuting attorney  of  the  proper  county  forthwith  to  institute  such  aetion 
against  such  delinquent  clerk.     (R.  S.  1899,  §  7013.) 

Sec.  5797.  Duty  of  secretary  of  state  when  returns  are  in. — 
Within  fifty  days  after  such  general  election,  and  as  much  sooner  as 
all  the  returns  shall  have  been  made,  the  secretary  of  state,  in  the 
presence  of  the  governor,  shall  proceed  to  open  the  returns  and  cast 
up  the  votes  given  for  all  candidates  for  any  office,  except  governor, 
lieutenant-governor,  secretary  of  state,  state  auditor,  state  treasurer, 
attorney-general,  railroad  and  warehouse  commissioners  and  superin- 
tendent of  public  schools,  and  shall  give  to  the  persons  having  the 
highest  number  of  votes  for  members  of  congress,  from  each  district, 
certificates  of  their  election,  under  his  hand,  with  the  seal  of  the  state 
affixed  thereto,  and  shall  certify  to  the  governor  the  names  of  the 
candidates  having  received  the  highest  number  of  votes  for  the  offices 
of  judges  of  the  supreme  court,  circuit  courts  and  St.  Louis  and  Kan- 
sas City  courts  of  appeals.     (R.  S.  1899,  §  7014.) 

Sec.  5798.  In  case  of  tie,  a  special  election. — If  any  two  or  more 
persons  have  an  equal  number  of  votes  for  member  of  congress,  state 
senator,  representative,  judge  of  the  supreme  court,  judge  of  the  St. 


68 


ELECTION  LAWS. 


Louis  and  Kansas  City  courts  of  appeals,  or  any  circuit  court,  court 
of  common  pleas,  criminal  or  probate  court,  circuit  attorney  or  as- 
sistant circuit  attorney,  and  a  higher  number  than  any  other  person, 
the  governor,  in  such  case,  shall  issue  his  proclamation,  giving  notice 
of  such  fact,  and  that  an  election  will  be  held  at  the  places  of  holding 
elections  for  such  officers,  in  which  shall  be  mentioned  the  day  of 
election,  which  election  shall  be  conducted  and  returned  agreeably 
to  the  provisions  of  law.     (R.  S.  1899,  §  7015.) 

Sec.  5799.  Governor  may  direct,  what. — The  governor  may,  in 
special  elections,  if  he  think  proper,  direct  in  his  proclamation  that 
the  returns  be  forwarded  by  messenger.    (R.  S.  1899,  §  7016.) 


ARTICLE  II. 

GENERAL  PROVISIONS. 


SECTION 

6800.  Qualifications  of  voters. 

6801.  County    court    may    establish    and 

alter  election  precincts. 
€802.    Order  defining  election  districts. 
6803.    How  to  proceed  in  certain  cases. 
5804.    How  elections  shall  be  conducted. 
6865.    Voting  to  be  by  ballot. 
■5806.    Polls,  when  opened  and  closed. 

1.  Ballots,  how  delivered — not  to  be 

fastened  together. 

2.  Penalty. 
5807.    Poll    books,     how     furnished — re- 
turns, how  made. 

6808.  Ballot  boxes  to  be  provided — duty 

of  constables. 

6809.  Form    of    poll  book — ballot  boxes 

not  to  be  opened,  when. 

6810.  Elections   in   St.    Louis   conducted, 

how. 
B811.    Election  to  fill  vacancy. 
6812.    Freedom    from    arrest    on    day    of 

election. 
5813.    Constable  shall  attend  elections  In 

his  township. 

6814.  Judges  may  punish   for  contempt. 

6815.  Compensation  of  judges  and  clerks 

of  election. 
5816.    Fines,  etc.,  how  appropriated. 

Sec.  5800.  Qualifications  of  voters. — Every  male  citizen  of  the 
United  States  and  every  male  person  of  foreign  birth  who  may  have 
declared  his  intention  to  become  a  citizen  of  the  United  States  accord- 
ing to  law,  not  less  than  one  year  nor  more  than  five  years  before  he 
offers  to  vote,  who  is  over  the  age  of  twenty-one  years,  possessing  the 
following  qualifications,  shall  be  entitled  to  vote  at  all  elections  by 
the  people:  First,  he  shall  have  resided  in  the  state  one  year  im- 
mediately preceding  the  election  at  which  he  offers  to  vote;  second, 
he  shall  have  resided  in  the  county,  city  or  town  where  he  shall  offer 
to  vote  at  least  sixty  days  immediately  preceding  the  election;  and 
each  voter  shall  vote  only  in  the  township  in  which  he  resides,  or 


SECTION 
5817.    Provisions  of  this  chapter  to  apply 
to  St.  Louis  city,  except. 

Four    judges     to    be    appointed — 
ballots  counted,  how. 

Qualifications  of  judges. 

Additional  judges  to  be  appointed 
— charge  of  ballots. 
5821.    Political  parties  to  furnish  county 
court  with  list  of  persons  quali- 
fied to  serve  as  judges. 

Oath  of  judges  of  election. 

Clerks  of  election. 

Secretary  of  state  to  furnish  coun- 
ty clerks  copy  of  election  law. 
5825.    Penalty  on  judge  or  clerk  for  fail- 
ure to  do  duty. 

Penalty   on   messenger   for  failing 
to  carry   returns. 

Two  preceding  sections  construed. 

Vacancies,  how  filled. 

Concealing,    destroying,    etc.,    tick- 
ets, unlawful. 

Penalty. 

Intoxicating  liquors  not  to  be  sold 
or  given  away  on  election  day — 
penalty. 
5832.    Application  of  preceding  section. 


5818. 


5819. 
5820. 


5822. 
5823. 
5824. 


5826. 

5827. 
5828. 
5829. 

5830. 
5831. 


GENERAL  PROVISIONS.  69 

if  in  a  town  or  city,  then  in  the  election  district  therein  in  which  he 
resides:  Provided,  however,  that  no  oflReer,  soldier  or  marine  in  the 
regular  army  or  navy  of  the  United  States,  shall  be  entitled  to  vota 
at  any  election  in  this  state;  and  provided  further,  that  no  persons 
while  kept  at  any  poorhouse  or  other  asylum  at  public  expense,  ex- 
cept the  soldiers'  home  at  St.  James  and  the  confederate  home  at 
Higginsville,  nor  while  confined  in  any  public  prison,  shall  be  entitledf 
to  vote  at  any  election  under  the  laws  of  this  state;  nor  shall  any 
person  convicted  of  felony  or  other  infamous  crime,  or  of  a  misde- 
meanor connected  with  the  exercise  of  the  right  of  suffrage,  be  per- 
mitted to  vote  at  any  election  unless  he  shall  have  been  granted  a 
full  pardon;  and  after  a  second  conviction  of  felony  or  other  infamous 
crime,  or  of  a  misdemeanor  connected  with  the  exercise  of  the  right 
of  suffrage,  he  shall  be  forever  excluded  from  voting.  (R.  S.  1899, 
§  6994.) 

Sec.  5801.  County  court  may  establish  and  alter  election  pre- 
cincts.— The  county  courts  of  the  several  counties  in  this  state  shall 
have  power  to  divide  any  township  in  their  respective  counties  into 
two  or  more  election  districts,  or  to  establish  two  or  more  election 
precincts  in  any  township,  and  to  alter  such  election  districts  and 
precincts,  from  time  to  time,  as  the  convenience  of  the  inhabitants 
may  require.  (R.  S.  1899,  §  6984.) 

Sec.  5802.  Order  defining  election  districts. — Every  order  made 
under  the  provisions  of  the  preceding  section  shall  describe  the  several 
districts  erected,  and  the  boundary  of  each,  or  the  precincts  estab- 
lished, and  the  name  of  each;  and  the  clerk  shall,  within  twenty  days 
after  the  making  of  the  order,  make  out  one  copy  thereof  for  each 
district  erected  or  altered  or  precinct  established  thereby,  and  deliver 
the  same  to  the  sheriff  of  the  county,  who  shall  cause  one  such  copy- 
to  be  put  up  at  a  public  place  in  each  district,  or  at  each  precinct^ 
within  six  days  after  the  same  shall  be  delivered  to  him.  (R.  S.  1899^ 
§  698.5.) 

Sec.  5803.  How  to  proceed  in  certain  cases. — If  the  court  fail 
to  designate  the  place  of  holding  the  election  or  to  appoint  judges, 
or  the  judges  appointed  fail  to  act,  it  shall  be  the  duty  of  the  sheriff 
to  fix  the  place,  and  the  voters,  when  assembled,  may  appoint  the 
judges.     (R.  S.  1899,  §  6983.) 

Sec.  5804.  How  elections  shall  be  conducted. — The  place  of  hold- 
ing the  elections  shall  be  designated,  and  the  judges  and  clerks  of 
election  a[)i)ointed  in  such  districts  or  for  sut^h  election  precincts,  and 
the  elections  therein  shall  be  conducted,  in  all  respects,  in  the  same 
manner  as  is  hereinafter  provided  by  law  for  the  townships.  (R.  Sw 
1899.   55   6986.) 

Sec.  5805.  Voting  to  be  by  ballot. — All  elections  shall  be  hy^ 
ballot,  and  continue  for  one  day  only.     (R.  S.  1899,  §  6992.) 

Sec.  5806.  PoUs,  when  opened  and  closed. — The  judges  of  each 
election  hereafter  to  be  held,  general  or  municipal,  shall  open  the 
polls  at  seven  o'clock  in  the  morning  and  continue  them  open  until 
six  o'clock  in  the  evening,  unless  the  sun  shall  set  after  six,  when 


70  ELECTION   LAWS. 

the  polls  shall  be  kept  open  until  sunset,  except  in  cities  in  the  state 
of  twenty-five  thousand  inhabitants  or  upward,  when  the  polls  shall 
be  opened  at  six  o'clock  in  the  morning  and  be  kept  open  until  seven 
.o'clock  in  the  evening.     (R.  S.  1899,  §  6991.) 

Sec.  1.  Ballots,  how  delivered— not  to  be  fastened  together. — 
IHereafter  no  county  clerk  or  election  commissioner  in  any  county  or 
•city  in  this  state  shall  arrange  together,  intermingle  or  fasten  together 
an  any  way  or  by  means  of  any  device,  mechanical  or  otherwise,  be- 
fore delivery  to  the  election  officials  in  the  several  precincts  of  such 
•county  or  city,  the  ballots  of  the  several  political  parties  intended  to 
he  used  at  any  election,  but  such  clerks  and  commissioners  shall 
deliver  said  ballots,  or  cause  said  ballots  to  be  delivered  in  separate 
packages,  each  of  which  shall  contain  ballots  of  only  one  political 
party.     (Laws  1911,  p.  242.) 

Sec.  2.  Penalty. — Any  county  clerk  or  election  commissioner  who 
shall  violate  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
felony  and  on  conviction  punished  by  imprisonment  in  the  peniten- 
tiary for  not  more  than  two  years  or  by  fine  of  not  less  than  five  hun- 
dred dollars  or  by  imprisonment  in  the  county  jail  for  not  less  than 
thirty  days,  or  by  both  such  fine  and  jail  imprisonment.  (Laws  1911, 
p.  242.) 

Sec.  5807.  Poll  books,  how  furnished — ^returns,  how  made. — Poll 
books  for  each  district  or  election  precinct  shall  be  made  and  fur- 
nished to  the  judges  of  election  therein,  in  the  same  manner  as  here- 
after provided  in  respect  to  poll  books  for  each  township,  and  returns 
shall  be  made  to  the  ofiice  of  the  clerk  of  the  county  court,  as  in  the 
case  of  a  township  forming  one  election  district.     (R.  S.  1899,  §  6987.) 

Sec.  5808.  Ballot  boxes  to  be  provided — duty  of  constables. — 
The  sheriffs  of  their  respective  counties  shall  provide,  at  the  expense 
of  their  counties,  two  ballot  boxes  for  each  precinct  in  each  municipal 
township  in  said  counties,  and  deposit  the  same  with  the  constable 
of  the  proper  township,  whose  duty  it  shall  be  to  preserve  the  same, 
and  have  such  boxes  present  at  the  proper  time  and  place,  at  all  elec- 
tions in  his  township,  for  the  use  of  the  judges  of  the  elections.  Said 
constables  shall  deliver  said  boxes  to  their  successors  in  ofiice  within 
ten  days  after  their  successors  shall  have  been  qualified,  and  in  de- 
fault thereof  shall  forfeit  ten  dollars,  to  be  recovered  by  civil  action 
before  any  justice  of  the  peace  at  the  suit  of  the  constable  of  the  town- 
ship in  which  such  delinquent  resides,  and  shall  be  paid  into  the 
treasury  of  the  county  for  the  use  of  its  common  schools.  (R.  S.  1899, 
§  6993.) 

Sec.  5809.  Form  of  poll  book — ^ballot  boxes  not  to  be  opened, 
when. — The  following  shall  be  the  form  of  the  poll  book  to  be  kept  by 
the  judges  and  clerks  of  election : 

Poll-book  of  the  election  held  at  .  in  the  township  of  ,  in  the  county  of 

,  on  the  day  of  ,  in  the  year  of  our  Lord  nineteen  hundred  and  . 

A  B,  C  D,  E  F  and  X  P,  judges,  and  J  K,  G  H,  B  B  and  T  W,  clerks  of  said  election, 
were  severally  sworn,  as  the  law  directs,  previous  to  their  entering  on  the  duties  of 
their  respective  offices. 


GENERAL   PROVISIONS. 


71 


NXTMBEB  AND  NAMES  Or  TOTBRS. 


No. 

1 

A  B 

No. 

2 

C 

D 

No. 

3 

E 

F 

It  is  hereby  certified  that  the  number  of  voters  at  this  election  amounts  to 


A  B 
C 
E 
X 


Judges  of  election. 


Attest: 
J  K. 


J  K.    ^ 

B  B,     f 
T  W,   J 


Clerks. 


NAMES   OF  PERSONS   VOTED  FOR  AND  FOR  WHAT   OFFICE.   CONTAINING  THE  NUMBER  OF  VOTES 

GIVEN   EACH    CANDIDATE. 


Qovemoi 


Representatives  in  state  legrislature. 


Representatives  in  congress. 


Senate. 


House  of  repre- 
sentatives. 


Eta 


We  hereby  certify  that  A  B  had 
votes  for  governor;  that  E  F  had 


votes  for  governor,  and  C  D  had 


votes  for  representative  in  congress,  etc 


J  K, 
G  H 
B  B, 
T  W, 


;} 


A  B,  ^ 
C  D,  I 
E  F.  f 
X  P.   J 


Judges. 


Clerks. 


Nothing  herein  shall  be  so  construed  as  to  permit  the  judges  or 
clerks  of  election  to  open  or  cause  to  be  opened,  by  themselves  or  any 
other  person,  the  boxes  containing  the  ballots,  after  the  commencement 
of  voting  in  the  morning  until  the  close  of  the  polls  in  the  evening, 
except  as  provided  by  section  5818.  Any  judge  or  clerk  violating  any 
provision  of  this  section  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  in  a  sum  not  less  than  one  hundred 
dollars  nor  more  than  three  hundred  dollars.     (R.  S.  1899,  §  7003.) 

Sec.  5810.  Elections  in  St.  Louis  conducted,  how. — All  elections 
in  the  city  of  St.  Louis  shall  be  conducted  in  all  respects  as  provided 
by  the  laws  now  in  force  regulating  elections  in  said  city.  (R.  S. 
1899,  §  7005.) 

Sec.  5811.  Election  to  fill  vacancy. — When  the  governor  issues 
a  writ  of  election  to  fill  any  vacancy,  he  shall  mention  in  said  writ 
how  many  days,  to  be  not  less  than  ten,  the  sheriff  shall  give  notice 
thereof.     (R.  S.  1899,  §  6988.) 

Sec.  5812.  Freedom  from  arrest  on  day  of  election. — All  judges, 
clerks  and  voters  shall  be  free  from  arrest,  except  for  felony  or  breach 
of  the  peace,  in  going  to,  attending  on  and  returning  from  election. 
(R.  S.  1899,  §  7024.) 


72  ELECTION   LAWS. 

Sec.  5813.    Constable  shall  attend  elections  in  his  township. — The 

constable  shall  attend  the  elections  in  his  township,  and  perform  such 
duties  as  are  enjoined  on  him  by  law,  under  the  direction  of  the 
judges.     (R.  S.  1899,  §  7025.) 

Sec.  5814.  Judges  may  punish  for  contempt. — The  judges  of  the 
election  shall  preserve  good  order  and  punish  any  disorderly  person 
for  contempt  by  fine  not  exceeding  twenty  dollars,  at  their  discretion, 
and  commit  the  offender  to  the  jail  of  the  county  until  the  fine  im- 
posed be  paid.     (R.  S.  1899,  §  7026.) 

Sec.  5815.  Compensation  of  judges  and  clerks  of  election. — All 
judges  and  clerks  of  election  shall  be  allowed  such  compensation  for 
their  services  in  conducting  elections  and  returning  the  poll  books 
and  ballots  to  the  county  clerk's  office,  as  the  county  courts  of  their 
respective  counties  may  deem  reasonable,  not  to  exceed  three  dollars 
per  day,  to  be  paid  out  of  the  county  treasury.  (R.  S.  1899,  §  7072, 
amended,  Laws  1909,  p.  490.) 

Sec.  5816.  Fines,  etc.,  how  appropriated.— All  fines,  penalties 
and  forfeitures  herein  imposed,  and  which  are  not  hereinbefore  other- 
wise appropriated,  are  appropriated  to  the  school  fund  of  the  county. 
(R.  S.  1899,  §  7073.) 

Sec.  5817.  Provisions  of  this  chapter  to  apply  to  St.  Louis  city> 
except. — Except  as  otherwise  provided  by  law,  the  provisions  of  this 
chapter  shall  be  applicable  to  the  city  of  St.  Louis  the  same  as  to 
counties,  and  the  duties  imposed  on  officers  in  counties  shall  likewise 
be  imposed  on  the  corresponding  officers  of  said  city.  (R.  S.  1899^ 
§  7074.) 

Sec.  5818.  Four  judges  to  be  appointed — ballots  counted,  how. — 
In  all  counties  in  this  state,  four  judges  of  election  shall  be  appointed 
by  the  county  court  for  each  election  precinct  in  each  of  said  counties; 
and  there  shall  also  be  provided  two  ballot  boxes  for  said  judges  of 
election,  one  of  which  shall  be  numbered  No.  1,  and  the  other  numbered 
No.  2;  and  it  shall  be  the  duty  of  said  judges  to  select  from  their  num- 
ber two  judges  who  shall  be  designated  and  known  as  receiving 
judges,  and  two  who  shall  be  designated  and  known  as  counting 
judges.  After  the  poll  books  are  signed  in  the  manner  hereinafter 
provided  in  the  form  of  the  poll  books,  the  ballot  box  No.  1  shall  be 
opened  and  examined  by  all  the  judges  and  clerks,  and  everything 
removed  therefrom;  and  one  of  the  receiving  judges,  first  selected, 
shall  receive  the  ballot  of  each  elector,  and,  after  pronouncing  the 
name  of  such  elector  in  an  audible  voice,  shall  pass  the  ballot  to  the 
other  receiving  judge,  who  shall  number  the  same  and  deposit  it  in 
said  ballot  box  No.  1,  which  shall  be  kept  securely  closed  while  the 
balloting  continues  for  one  hour  from  the  time  of  opening  the  polls. 
At  the  expiration  of  said  hour,  the  receiving  judges  shall  deliver  said 
ballot  box  No.  1  to  the  counting  judges,  who  shall  immediately  de- 
liver over  to  said  receiving  judges  ballot  box  No.  2,  which  ballot  box 
No.  2, shall  be  opened  and  examined  in  the  presence  of  all  the  judges 
and  elerks,  and  after  everything  is  removed  therefrom,  shall  be  se- 
curely closed,  and,  during  the  next  hour,  said  receiving  judges  shall 


GENERAL  PROVISIONS.  73- 

receive  and  deposit  ballots  therein,  in  the  same  manner  as  during  the 
first  hour  ballots  were  received  and  deposited  in  ballot  box  No.  1. 
After  the  delivery  of  ballot  box  No.  1  to  the  counting  judges,  the  same 
shall  be  immediately  opened  by  them,  and  the  tickets  shall  be  taken  out,, 
one  at  a  time,  by  one  of  the  counting  judges,  who  shall  read  distinctly, 
while  the  ticket  remains  in  his  hand,  the  name  or  names  written 
or  printed  thereon,  also  the  office  that  is  intended  to  be  filled  by  such 
person  voted  for,  and  deliver  the  same  to  the  other  counting  judge, 
who  shall  string  the  same  on  a  thread  or  string,  as  provided  by  law. 
The  same  method  shall  be  observed  with  each  ticket,  and  the  counting 
shall  continue  thus  until  all  the  ballots  in  the  box  are  counted,  and 
then  the  counting  judges  shall  securely  close  ballot  box  No.  1,  and 
deliver  the  same  to  the  receiving  judges,  and  receive  from  the  re- 
ceiving judges  ballot  box  No.  2;  and  so  on  in  the  same  manner  until 
the  polls  are  closed  and  all  the  ballots  are  counted.  No  person  or  per- 
sons shall  be  admitted  into  the  room  or  office  where  such  ballots  are 
being  counted,  except  the  judges  and  clerks  of  election:  Provided, 
that  any  political  party  may  select  a  representative  man  who  may  be 
admitted  as  a  witness  of  such  counting.  It  shall  be  the  duty  of  one  of 
the  judges  to  announce  to  the  electors  present  the  total  number  of 
votes  polled  at  each  change  of  the  box;  but  the  judges,  clerks  and 
witnesses  shall  make  oath  that  they  will  make  no  statement  nor  give 
any  information  of  any  kind  as  to  the  number  of  votes  polled  for 
any  office  or  person,  nor  the  name  of  any  person  voted  for,  nor  any 
other  fact  tending  in  any  way  to  show  the  state  of  the  polls  at  any 
time  previous  to  the  closing  of  the  polls  of  said  election  on  the  day  of 
the  same.     (R.  S.  1899,  §  6996.) 

Sec.  5819.  Qualifications  of  judges. — No  person  shall  be  qualified 
to  act  as  a  judge  or  clerk  of  any  election  unless  he  shall  be  legally 
entitled  to  vote  at  such  election,  and  shall  moreover  be  able  to  read 
and  write.     (R.  S.  1899,  §  6997.) 

Sec.  5820.  Additional  judges  to  be  appointed — charge  of  ballots. 
At  the  same  time  and  in  the  same  manner  as  judges  of  election  are 
appointed  or  elected,  two  additional  jndores  of  election  for  each  election 
district  in  the  state  shall  be  appointed  or  elected ;  three  of  the  judges 
shall  be  taken  from  the  political  party  that  polled  the  largest  number 
of  votes  at  the  last  preceding  general  election,  and  three  of  the  judges 
from  the  party  that  polled  the  next  largest  vote.  The  judges  of  elec- 
tion shall  designate  two  of  their  number,  not  of  the  same  party,  whose 
duty  it  shall  be  to  have  charge  of  the  ballots,  and  to  furnish  them  ta 
the  voters  in  the  manner  hereinafter  pnu-idod.     (R.  S.  1899.  §  7101.) 

Sec.  5821.  Political  parties  to  furnish  county  court  with  list  of 
persons  qualified  to  serve  as  judges. — All  judges  of  election  appointed 
under  the  provisions  of  this  article,  shall  be  selected  by  the  county 
court  from  a  list  of  persons  furnished  said  court  in  form  and  manner 
following:  The  political  party  that  polled  the  largest  number  of 
votes  at  the  last  preceding  general  election,  and  the  political  party 
that  polled  the  next  largest  vote  at  said  election,  shall,  each,  through 
its  central  committee,  furnish  to  said  county  court  at  least  fifteen  days 


74  ELECTION  LAWS. 

before  the  election,  a  list  of  names  of  persons  qualified  by  law  to  serve 
as  judges  of  election,  double  the  number  required  for  judges  of  said 
election,  from  which  said  list  said  county  court  shall,  at  least  ten  days 
before  the  election  herein  provided  for,  select  and  appoint  the  number 
of  judges  required  to  hold  said  election,  taking  one-half  of  the  judges 
«o  appointed  from  each  of  said  list :  Provided,  that  if  any  party  shall 
fail  to  present  a  list  of  names  as  aforesaid,  within  the  time  aforesaid, 
then  the  said  county  court  may  select  and  appoint  the  requisite  num- 
ber of  judges  provided  by  law  for  said  party.  (Laws  1907,  p.  260.) 
Sec.  5822.  Oath  of  judges  of  election. — The  judges,  before  enter- 
ing upon  their  duties,  shall  take  the  following  oath: 

I  do  solemnly  swear  tliat  I  will  impartially  discharge  the  duties  of  the  present 
election,  according  to  law,  to  the  best  of  my  ability,  and  that  I  will  not  disclose  how 
any  voter  shall  have  voted,  unless  I  am  required  to  do  so  as  a  witness  in  the  proper 
judicial  proceeding,  so  help  me  God. 

In  cities  where  registration  exists,  they  shall  also  take  the  addi- 
tional oath  that  they  will  not  allow  any  person  to  vote  whose  name 
is  not  duly  registered  according  to  law,  which  oath  shall  be  admin- 
istered by  one  of  their  own  body,  who  in  turn  may  be  sworn  by  one  of 
the  other  judges.     (R.  S.  1899,  §  6989.) 

Sec.  5823.  Clerks  of  election. — The  judges  shall  appoint  four 
■clerks,  who,  before  entering  on  the  duties  of  their  appointment,  shall 
take  an  oath  or  afiirmation,  to  be  administered  by  one  of  the  persons 
appointed  or  elected  judges  of  the  election,  that  they  will  faithfully 
record  the  names  of  all  the  voters ;  said  clerks  shall  also  take  the  oath 
above  prescribed  for  the  judges,  to  be  administered  at  the  same  time 
and  in  the  manner  heretofore  directed.     (R.  S.  1899,  §  6990.) 

Sec.  5824.  Secretary  of  state  to  furnish  county  clerks  copy  of 
election  law. — The  secretary  of  state  shall  furnish  to  the  several  coun- 
ty clerks,  and  to  the  register  of  the  city  of  St.  Louis,  at  least  ten  days 
before  the  next  general  election,  and  as  often  thereafter  as  may  be 
necessary,  a  sufficient  number  of  printed  pamphlets  containing  the 
provisions  of  the  Constitution  and  laws  of  the  state,  prescribing  the 
qualifications  and  duties  of  voters  and  election  officers,  and  imposing 
penalties  upon  election  officers  and  voters,  and  persons  attempting 
or  offering  to  vote  in  neglect  or  violation  of  law.  The  county  clerks 
and  said  register  shall  carefully  preserve  said  pamphlets  in  their  re- 
spective offices,  and  at  least  one  copy  thereof  shall  accompany  each 
set  of  poll  books  for  use  at  any  election,  and  the  same  shall  be  re- 
turned with  the  returns  of  such  election ;  and  it  shall  be  the  duty  of  the 
<jounty  clerk  and  such  register  to  see  that  it  is  so  returned.  (R.  S. 
1899,  §  7004.) 

Sec.  5825.  Penalty  on  judge  or  clerk  for  failure  to  do  duty.— If 
any  judge  or  clerk,  after  he  shall  have  undertaken  to  perform  the 
duties  herein  pointed  out,  fail  so  to  do,  he  shall  be  fined  two  hundred 
dollars,  to  be  recovered  by  civil  action,  in  the  name  of  the  county,  or 
by  indictment,  and  in  either  case  the  fine  shall  go  into  the  county 
treasury.     (R.  S.  1899,  §  7021.) 

Sec.  5826.  Penalty  on  messenger,  for  failing  to  carry  returns.— 
If  any  person  employed  to  carry  the  returns  of  any  election  fail  to  do 


GENERAL   PROVISIONS.  75 

SO  in  due  time,  he  shall  be  fined  two  hundred  dollars,  to  be  recovered 
and  applied  as  in  the  case  of  a  judge  or  clerk.     (R.  S.  1899,  §  7022.) 

Sec.  5827.  Two  preceding  sections  construed. — Nothing  contained 
in  the  two  preceding  sections  shall  be  construed  to  impose  the  said 
penalties  on  any  person  prevented  by  sickness  or  unavoidable  accident 
from  performing  the  duties  assigned  him  by  law.     (R.  S.  1899,  §  7023.) 

Sec.  5828.  Vacancies,  how  filled. — Whenever  any  vacancy,  caused 
in  any  manner  or  by  any  means  whatsoever,  shall  occur  or  exist  in  any 
state  or  county  office  originally  filled  by  election  by  the  people,  other 
than  the  office  of  lieutenant-governor,  state  senator,  representative, 
sheriff  or  coroner,  such  vacancy  shall  be  filled  by  appointment  by  the 
governor;  and  the  person  so  appointed  shall,  after  having  duly  quali- 
fied and  entered  upon  the  discharge  of  his  duties  under  such  appoint- 
ment, continue  in  such  office  until  the  first  Monday  in  January  next 
following  the  first  ensuing  general  election — at  which  said  general 
election  a  person  shall  be  elected  to  fill  the  unexpired  portion  of  such 
term,  or  for  the  ensuing  regular  term,  as  the  case  may  be,  and  shall 
enter  upon  the  discharge  of  the  duties  of  such  office  the  first  Monday 
in  January  next  following  said  election:  Provided,  however,  that 
when  the  term  to  be  filled  begins  or  shall  begin  on  any  day  other  than 
the  first  Monday  in  January,  the  appointee  of  the  governor  shall  be  en- 
titled to  hold  such  office  until  such  other  date.     (R.  S.  1899,  §  7028.) 

Sec.  5829.  Concealing,  destroying,  etc.,  tickets,  unlawful.— It  shall 
be  unlawful  for  any  person  to  steal  or  willfully  conceal,  deface,  muti- 
late or  destroy  any  tickets  that  may  be  furnished  by  any  organization 
or  individual  at  any  voting  place  in  this  state  on  election  day,  whether 
said  election  be  general,  special  or  primary:  Provided,  that  nothing 
in  this  section  shall  be  so  construed  as  in  any  manner  to  interfere  with 
the  right  of  the  voter  to  erase  or  cause  to  be  erased  from  his  ticket 
the  name  of  any  candidate,  and  substituting  on  the  margin  thereof  the 
name  of  the  person  for  whom  he  intends  to  cast  his  vote.  (R.  S.  1899» 
§  7075.) 

Sec.  5830.  Penalty. — Any  person  violating  the  provisions  of  the 
preceding  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  pay  a  fine  of  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars.     (R.  S.  1899,  §  7076.) 

Sec.  5831.  Intoxicating  liquors  not  to  be  sold  or  given  away  on 
election  day — ^penalty. — It  shall  be  unlawful  for  any  person  to  directly 
or  indirectly  furnish,  deliver,  give  away  or  otherwise  dispose  of  any 
intoxicating  liquor  in  any  quantity  to  another,  or  to  act  as  agent 
or  employe  for  another  in  furnishing,  delivering  or  giving  to  any 
person  any  intoxicating  liquor  in  any  quantity  on  any  general  or 
primary  election  day  between  the  hours  of  5  a.  m.  and  7  p.  m.  Any 
person  violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  a 
fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  not  less  than  five  days  nor  more 
than  twenty  days.     (Laws  1907,  p.  259.) 

Sec.  5832.  Application  of  preceding  section.— Section  5831  shall 
not  apply  to  any  physician  prescribing  liquor  for  medicinal  purposes, 


76 


ELECTION  LAWS. 


or  interfere  with  hospitality  of  the  home :  Provided  further,  that  the 
provisions  of  said  section  shall  not  apply  to  any  person,  firm  or  cor- 
poration engaged  in  the  business  of  manufacturing,  selling  or  deliver- 
ing intoxicating  liquors  in  wholesale  quantities  in  the  ordinary  course 
of  trade.  Said  section  shall  not  apply  to  prescriptions  written  by  any 
regularly  licensed  physician  nor  to  the  filling  of  such  prescriptions 
by  such  physician  or  a  licensed  pharmacist.     (Laws  1907,  p.  259.) 


ELECTIONS:     General  Provisions — Qualified  Electors,  Absent  From 
County   or  City,  May  Vote  for  Certain  Ofiicers. 


SECTION 
L    Qualified  electors,  absent  from  county 
or   city  on   election    day,   may   vote 
for  certain  oflficers. 

2.  Oath,  form  of— who  may  administer— 

ballot   to  contain  what. 

3.  Ballots  of  absentees  to  be  filed,  with 

whom — county     clerk     to     forward 
ballot. 

4.  Ballots  of  absentees  to  be  preserved- 

to    be    canvassed,    when— to    be    re- 
ceived, when. 


SECTION 

5.  Ballots    of    absentees— may    be    chal- 

lenged. 

6.  Ballots  of  absentees  to  be  preserved 

and    destroyed— in    what    manner- 
contents   not  to   be  disclosed. 

7.  Penalties. 

8.  Ballots— blank    affidavits,    etc.,    to   b& 

supplied— by   whom. 

9.  Repealing  conflicting  acts. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri  as  follows: 

Section  1.  Qualified  electors,  absent  from  county  or  city  on  elec- 
tion day,  may  vote  for  certain  officers. — It  shall  be  lawful  for  any 
employe  of  any  railroad  company,  traveling  salesman,  student  in  any 
college  of  the  state,  or  other  person,  being  a  qualified  elector  of  the 
state  of  Missouri,  who  may,  on  the  occurrence  or  [of]  any  general 
election  be  unavoidably  absent  from  the  county  or  city  of  St.  Louis 
in  which  he  resides  and  is  a  qualified  elector  therein,  because  his  du- 
ties, occupation  or  business  requires  him  to  be  elsewhere  within  the 
state  on  the  day  of  such  general  election,  to  vote  for  county,  district 
and  state  officers,  members  of  the  legislature,  members  of  congress 
and  electors  for  the  president  and  vice-president  of  the  United  States 
at  any  voting  precinct  within  the  state  of  Missouri  where  he  may  pre- 
sent himself  for  that  purpose,  on  the  day  of  such  general  election, 
under  the  conditions  and  regulations  hereinafter  prescribed.  (Laws 
1913,  p.  324.) 

Sec.  2.  Oath,  form  of — who  may  administer — ballot  to  contain, 
what. — The  voter,  so  entitled  to  vote,  shall  present  himself  at  the  polls 
in  any  precinct  in  the  state  where  he  may  be  on  such  election  day, 
and  during  voting  hours,  and  make  and  subscribe,  before  one  of  the 
judges  of  election,  an  affidavit  in  substance  as  follows : 


state    of   Missouri, 


County  of  J 

I do   solemnly   swear  that   I  have  resided   In   the  state  of  Missouri   for 

one  whole  year,  next  before  the  making  of  this  affidavit   and  have  resided  in   

county  for  more  than  sixty  days  prior  to  this  date  and  that  I  am  in  all  respects  a 


GENERAL   PROVISIONS.  77 

duly  qualified  elector  of   township    (or  ward);  that  I  reside  at   ;  that 

I   am   a    and   that   because   of   my   duties    (or   occupation   or  business)    I   am 

required  to  be  absent  from  my  voting  precinct  in  my  county  or  city  of  St.  Louis  on 
this  day  and  have  had  and  will  have  no  opportunity  to  vote  thereat  and  that  I  have 
not  voted  and  will  not  vote  elsewhere  at  this  election. 

Any  judge  of  election  in  any  precinct  in  this  state  is  hereby  au- 
thorized to  administer  the  oath  and  take  and  certify  such  affidavit. 
Thereupon  the  affiant  shall  be  given  a  blank  official  ballot,  which  bal- 
lot shall  have  written  on  the  back  thereof  the  names  of  all  the  judges 
of  such  precinct,  whereupon  such  voter  shall  mark  the  same  as  any 
resident  voter  may  and  shall  fold  the  same  and  hand  it  to  the  judge, 
^s  in  case  and  in  like  manner  as  a  resident  voter,  but  such  ballot  shall 
not  be  deposited  in  the  ballot  box  nor  be  entered  on  the  poll  books. 
It  shall,  together  with  said  affidavit,  be  securely  sealed  in  an  envelope, 
upon  the  back  of  which  one  of  the  judges  shall  write  "The  ballot  of 

an  absent  voter  of 

township  (or  ward  or   precinct  of  the ward  of  the  city 

of ),  in  the  county  of " 

which  shall  be  signed  by  one  of  the  judges.     (Laws  1913,  p.  324.) 

Sec.  3.  Ballots  of  absentees  to  be  filed,  with  whom — county  clerk 
to  forward  ballot. — All  such  envelopes  shall,  by  the  judges  of  election, 
be  filed  with  the  county  clerk  of  the  county  or  with  the  board  of  election 
commissioners  in  cities  having  an  election  commission,  where  such  votes 
were  cast  not  later  than  the  next  succeeding  day  and  such  county  clerk 
or  board  of  election  commissioners  shall  immediately  forward  such  en- 
velopes by  registered  mail,  postage  prepaid,  to  the  county  clerks  of  the 
respective  counties  or  to  the  election  commissioners  in  cities  having  an 
election  commission,  where  such  votes  belong.     (Laws  1913,  p.  325.) 

Sec.  4.  Ballots  of  absentees  to  be  preserved — to  be  canvassed 
when — to  be  received  when. — The  county  clerk  of  the  county  or  the 
board  of  election  commissioners,  in  cities  having  an  election  commis- 
sion, in  which  said  absent  voter  resides  shall  receive  said  ballot  and 
shall  safely  keep  and  preserve  the  same  unopened  in  his  or  their  office 
until  the  county  court  of  any  county  or  the  board  of  election  com- 
missioners shall  meet  to  canvass  the  votes  according  to  law  at  which 
time  the  county  court  in  the  presence  of  the  county  clerk  and  no 
other  person  or  the  board  of  election  commissioners  as  the  case  may 
be,  shall  open  said  envelope  or  envelopes  and  record  said  ballot  upon 
the  poll  sheet  of  the  proper  precinct  or  ward  in  their  possession,  in 
the  same  manner  as  clerks  of  election  record  votes,  and  in  so  canvas- 
sing said  vote  the  county  court  or  board  of  election  commissioners  as 
the  case  may  be,  shall  count  the  votes  of  all  absent  voters  whom  they 
shall  ascertain  to  be  legally  entitled  to  vote  at  said  election  and  add 
the  same  to  the  total  of  the  poll  sheet  in  arriving  at  the  total  result 
of  the  election  in  the  precinct  or  ward  where  said  voter  lives:  Pro- 
vided, however,  that  no  ballot  shall  be  so  counted  which  has  not  been 
received  and  filed  by  the  county  clerk  or  the  board  of  election  com- 
missioners before  twelve  o'clock,  noon,  on  the  first  Saturday  after  the 
day  of  the  general  election.     (Laws  1913,  p.  325.) 


78  ELECTION   LAWS. 

Sec.  5.  Ballots  of  absentees — may  be  challenged. — The  vote  of 
any  absent  voter  may  be  challenged  for  any  cause  and  the  county 
court  or  the  board  of  election  commissioners  as  the  case  may  be,  shall 
have  all  the  power  and  authority  given  by  law  to  judges  of  election  to 
hear  and  determine  the  legality  of  such  ballot.     (Laws  1913,  p.  325.) 

Sec.  6.  Ballots  of  absentees  to  be  preserved  and  destroyed — in 
what  manner — contents  not  to  be  disclosed. — Said  ballot,  when  so 
opened  by  the  county  court  or  the  board  of  election  commissioners^ 
shall  be  sealed  in  an  envelope  with  the  endorsement  thereon,  ''Vote 

of ,  an  absent  voter  of .township 

(ward  or  precinct  as  the  case  may  be)  and  the  same  shall  be  kept  by 
the  county  clerk  or  the  board  of  election  commissioners  until  destroyed 
according  to  law  as  other  ballots  are  destroyed  and  in  case  of  a  con- 
tested election  the  same  may  be  opened  and  counted  as  in  other  cases. 
The  county  court  and  the  county  clerk  of  any  county  and  the  board 
of  election  commissioners  of  any  city  wherein  any  vote  of  any  absent 
voter  is  received  as  herein  provided  shall  not  divulge  the  contents  of 
any  such  vote  nor  for  whom  said  vote  was  cast  nor  divulge  the  name 
of  any  person  voted  for  on  said  ballot.     (Laws  1913,  p.  326.) 

Sec.  7.  Penalties. — If  any  person  shall  willfully  swear  falsely  to 
any  affidavit  herein  provided  for,  he  shall  upon  conviction  therefor  be 
deemed  guilty  of  perjury  and  punished  by  imprisonment  in  the  peni- 
tentiary for  not  less  than  two  nor  more  than  five  years.  If  any  judge 
or  judges  of  election  permit  any  person  to  vote  as  herein  provided 
without  first  requiring  such  voter  to  first  subscribe  and  be  sworn  to 
such  affidavit  as  is  provided  for  in  section  two  of  this  act,  or  who  shall 
neglect  or  refuse  to  perform  any  of  the  duties  enjoined  upon  them  by 
this  act,  they  shall  upon  conviction  therefor  be  deemed  guilty  of  a 
misdemeanor  and  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars.  If  any  county  clerk  or  any  member 
of  the  county  court  or  board  of  election  commissioners  shall  neglect 
or  refuse  to  perform  any  of  the  duties  prescribed  by  this  act,  or  shall 
reveal  the  contents  of  any  ballot  or  divulge  the  name  of  any  person 
for  whom  said  ballot  was  cast,  he  shall  upon  conviction  therefor  be 
adjudged  guilty  of  a  misdemeanor  and  be  punished  by  a  fine  of  not 
less  than  one  hundred  nor  more  than  five  hundred  dollars.  (Laws; 
1913,  p.  326.) 

Sec.  8.  Ballots — ^blank  affidavits,  etc.,  to  be  supplied — ^by  whom. 
The  county  clerk  of  each  county  and  the  board  of  election  commis- 
sioners in  the  cities  having  such  board  shall,  along  with  the  official 
ballots  supplied  to  each  voting  precinct,  furnish  the  judges  of  election 
with  a  sufficient  supply  of  blank  affidavits  of  the  character  prescribed 
by  this  act.     (Laws  1913,  p.  326.) 

Sec.  9.  Repealing  conflicting  acts. — All  acts  and  parts  of  acts  in 
conflict  with  this  act  are  hereby  repealed.     (Laws  1913,  p.  326.} 


NOMINATIONS. 


7^ 


ELECTIONS:     General  Provisions — Special  Elections  for  Purpose  of 

Voting  Bonds. 


SECTION 

1.  Purpose      of     election  —  judges      and 

clerks. 

2.  To   be    governed   by   general    election 

laws. 


SECTION 

3.  Repealing   inconsistent   acts. 

4.  Emergency. 


Section  1.  Purpose  of  election — ^judges  and  clerks. — In  all  coun- 
ties in  this  state  in  which  a  special  election  shall  be  held  for  the  pur- 
pose of  voting  upon  any  proposition  to  issue  bonds  for  any  purpose^ 
which,  under  the  law,  must  be  submitted  to  the  vote  of  the  qualified 
electors  for  determination,  two  judges  and  two  clerks  of  such  election 
shall  be  appointed  by  the  county  court  for  each  special  election  precinct  r 
Provided,  that  the  provisions  of  this  act  shall  not  apply  when  any 
such  proposition  is  submitted  to  be  voted  upon  at  a  regular  primary 
election  or  a  general  election.     (Laws  1913,  p.  327.) 

Sec.  2.  To  be  governed  by  general  election  laws. — Such  special 
election,  except  as  provided  in  the  preceding  section,  shall,  as  near  as 
possible,  be  conducted  in  the  same  manner,  and  be  governed  by  the 
same  laws,  as  a  general  election.     (Laws  1913,  p.  327.) 

Sec.  3.  Repealing  inconsistent  acts. — All  acts,  or  parts  of  acts, 
inconsistent  with  the  two  preceding  sections  are  hereby  repealed. 
(Laws  1913,  p.  327.) 


ARTICLE  III. 

NOMINATIONS. 


SECTION 

SECTION 

5833. 

Nomination  of  candidates. 

5845. 

Certificates  to  be  preserved. 

5834. 

Certificate  of  nominations. 

5846. 

Certificate    to    contain    one    name. 

5835. 

Certificate  to  be  filed,  where. 

etc. 

5836. 

Convention  of  delegates  defined. 

5847. 

Certificates  to  be  filed,   when. 

5837. 

Primary  election  defined. 

5848. 

Central  committee — powers. 

5838. 

Judges,   etc.,  to  take  oath. 

5849. 

Objections  to  certificates  of  nomi- 

5839. 

Disqualified    voter    voting,     etc. — 

nation — proceedings. 

penalty. 

5850. 

Secretary  of  state  to  certify  names 

5840. 

Procuring  illegal  vote — penalty. 

to  county  clerk. 

5841. 

Making    fraudulent    returns — pen- 

5851. 

Clerk  to  publish  names. 

alty. 

5852. 

List    of    nominations    to     be    ar- 

5842. 

Certificates  to  be  signed. 

ranged,  etc. 

5843. 

Certificate  to  be  signed  by  voters. 

5853. 

Secretary    not    to    certify    names. 

when. 

when — etc. 

5844. 

Name    of    opposite   political    party 

5854. 

Destroying     certificate,     etc. — pen- 

not to  be  used. 

alty. 

Sec.  5833.  Nomination  of  candidates. — Any  convention  of  dele- 
gates or  primary  election  as  hereinafter  defined,  held  for  the  purpose 
of  making  nominations  to  public  office,  and  also  electors  to  the  num- 
ber hereinafter  specified,  may  nominate  candidates  for  public  offices 
to  be  filled  by  election  within  the  state.  Such  nomination  shall  be 
made  by  filing  a  certificate  of  nomination,  executed  with  the  formali- 
ties prescribed  for  the  execution  of  an  instrument  affecting  real  estate. 
(R.  S.  1899,  §  7078.) 


^0  ELECTION   LAWS. 

Sec.  5834.  Certificates  of  nomination.— The  certificate  of  nomi- 
nation, which  may  consist  of  one  or  more  writings,  shall  contain  the 
name  of  the  person  nominated,  his  residence,  occupation,  and  the 
office  for  which  he  is  nominated,  and  also  the  name  and  residence  of 
€ach  signer.  The  certificate  may  also  designate  by  a  name  the  party 
or  principle  which  such  nominee  shall  represent.    (R.  S.  1899,  §  7079.) 

Sec.  5835.  Certificates  to  be  filed,  where.— Certificates  of  nomi- 
nation  shall  be  filed  with  the  secretary  of  state  for  the  nomination  of 
candidates  for  offices  to  be  filled  by  the  electors  of  the  entire  state, 
or  any  district  or  division  of  a  greater  extent  than  one  county.  For 
all  other  nominations  to  public  offices,  certificates  of  nomination  shall 
be  filed  with  the  clerks  of  the  county  courts  of  the  respective  counties 
wherein  the  offices  are  to  be  filled  by  the  electors.  (R.  S.  1899,  § 
7080.) 

Sec.  5836.  Convention  of  delegates  defined.— A  convention  of 
delegates,  within  the  meaning  of  this  article,  is  a  convention  of  dele- 
gates of  any  political  party  which  at  the  last  general  election  before 
such  convention  polled  as  a  party  at  least  three  per  cent,  of  the  entire 
vote  cast  in  the  state,  the  county  or  other  division  or  district  for  which 
the  nomination  is  made.     (R.  S.  1899,  §  7081.) 

Sec.  5837.  Primary  election  defined. — A  primary  election  within 
the  meaning  of  this  article  is  an  election  held  within  this  state,  county, 
district  or  subdivision  thereof,  as  the  case  may  be,  by  the  members 
of  any  political  party,  or  by  the  voters  of  some  political  faith,  for 
the  purpose  of  nominating  candidates  for  office:  Provided,  that  the 
«aid  party  shall  have  cast  at  least  three  per  cent,  of  the  entire  vote 
cast  within  the  state,  county,  district  or  subdivision  thereof.  (R.  S. 
•  1899,  §  7082.) 

Sec.  5838.  Judges,  etc.,  to  take  oath. — The  judges,  clerks  and 
tellers  of  any  primary  election  held  for  the  purpose  of  nominating 
candidates  for  election,  or  of  selecting  delegates  to  a  nominating  con- 
vention whereby  candidates  are  selected  for  any  public  office,  shall, 
before  entering  upon  their  duties,  take  and  subscribe  the  oath  pre- 
scribed by  law  for  judges  and  clerks  of  election.     (R.  S.  1899,  §  7127.) 

Sec.  5839.  Disqualified  voter  voting,  etc. — ^penalty. — Any  person 
voting  at  any  such  primary  election,  who  is  not  qualified  to  vote  in 
the  election  precinct  where  he  offers  to  vote  at  the  next  state,  county 
or  municipal  election,  or  who  shall  vote  more  than  once  at  the  same 
or  different  precincts  or  polls  on  the  same  day  in  the  same  election, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  thirty  days,  or  by  both  such 
fine  and  imprisonment.     (R.  S.  1899,  §  7128.) 

Sec.  5840.  Procuring  illegal  vote — penalty. — Every  person  who 
shall  knowingly  procure  any  illegal  vote  to  be  cast  at  such  primary 
election  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof,  punished  as  provided  for  in  section  5839.  (R.  S.  1899, 
§  7129.) 


NOMINATIONS.  81 

Sec.  5841.  Making  fraudulent  returns — ^penalty. — Any  judge, 
clerk  or  teller  of  any  primary  election  held  by  any  political  party  in 
this  state,  who  shall  make  or  return  a  fraudulent  statement  of  the 
result  of  such  election,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction,  punished  as  hereinbefore  provided.  (R.  S.  1899,  § 
7130.) 

Sec.  5842.  Certificates  to  be  signed. — The  certificates  of  nomina- 
tion of  a  candidate  for  office,  selected  by  any  convention  of  delegates 
as  herein  defined,  shall  be  signed  and  executed  by  the  presiding  officer 
and  secretary  of  such  convention.  The  certificate  of  nomination  of  a 
candidate  for  office,  selected  by  any  primary  election  as  herein  de- 
fined, shall  be  signed  and  executed  by  the  presiding  officer  and  sec- 
retary of  the  political  committee  under  whose  direction  it  is  held: 
Provided,  that  in  case  of  the  death  or  inability  of  the  presiding  officer 
or  secretary  of  said  political  convention  or  political  committee  to  per- 
form the  duties  herein  required,  the  surviving  qualified  officer  thereof 
shall  sign  and  execute  the  certificate  of  nomination,  which  shall  be 
accepted  as  if  executed  by  both  said  officers.     (R.  S.  1899,  §  7083.) 

Sec.  5843.  Certificate  to  be  signed  by  voters,  when. — The  certifi- 
cate of  nomination  of  a  candidate  selected  otherwise  than  by  a  con- 
vention of  delegates  shall  be  signed  by  electors  resident  within  the 
district,  or  political  division  for  which  the  candidate  is  presented,  to 
a  number  equal  to  one  per  cent,  of  the  entire  vote  cast  at  the  last 
preceding  election  in  the  state,  the  county  or  other  division  or  district 
for  which  the  nomination  is  made :  Provided,  that  the  number  of  sig- 
natures so  required  shall  not  exceed  one  thousand  nor  less  than  fifty; 
and  provided  further,  that  said  signers  shall  declare  in  said  certificate 
they  are  hona  fide  supporters  of  the  candidate  sought  to  be  nominated 
and  have  not  aided  and  will  not  aid  in  the  nomination  of  any  other 
candidate  for  the  same  office.     (R.  S.  1899,  §  7084.) 

Sec.  5844.  Name  of  opposite  political  party  not  to  be  used. — ^No 
political  party  hereafter  organized  nor  any  persons  hereafter  nominat- 
ing any  candidates  for  office  by  petition  shall  use  any  portion  of  the 
name  of  any  political  party  now  in  existence,  nor  cause  to  be  printed 
at  the  head  of  their  ballots  any  name  or  names  or  device  similar  to 
that  of  any  such  existing  parties.  The  secretary  of  state  shall  not 
certify  nor  shall  the  county  clerk  cause  to  be  published  or  printed  any 
such  ballot.     (Laws  1901,  p.  144.) 

Sec.  5845.  Certificates  to  be  preserved. — The  secretary  of  state 
shall  cause  to  be  preserved  in  his  office  all  certificates  of  nomination 
filed  therein  under  the  provisions  of  this  article,  and  the  clerk  of  each 
county  court  shall  cause  to  be  preserved  in  his  office  all  certificates 
of  nomination  filed  therein  under  the  provisions  of  this  article.  (R. 
S.  1899,  §  7085.) 

Sec.  5846.  Certificate  to  contain  one  name,  etc. — No  certificate  of 
nomination  shall  contain  the  name  of  more  than  one  candidate  for 
each  office  to  be  filled.  No  person  shall  join  in  nominating  more  than 
one  nominee  for  each  office  to  be  filled;  and  no  person  shall  accept  a 


82;  ELECTION  LAWS. 

nomination  to  nor  be  published  as  a  candidate  for  more  than  one 
office.     (R.  S.  1899,  §  7086.) 

Sec.  5847.  Certificates  to  be  filed,  when. — Certificates  of  nomina- 
tion filed  with  the  secretary  of  state  shall  be  filed  not  more  than  sixty 
and  not  less  than  thirty  days  before  the  day  fixed  by  law  for  the 
election  of  the  person  in  nomination.  Certificates  of  nomination  herein 
directed  to  be  filed  with  the  clerk  of  the  county  court  of  each  county 
shall  be  filed  not  more  than  sixty  days  and  not  less  than  fifteen  days 
before  election:  Provided,  that  in  case  of  any  vacancy  in  said  nomi- 
nation, by  resignation,  death  or  otherwise,  the  central  committee,  or  a 
convention  called  for  that  purpose,  of  the  party  on  whose  ticket  such 
vacancy  may  occur,  may  select  and  certify  to  the  secretary  of  state, 
county  clerk  or  board  of  election  commissioners  the  name  or  names 
of  candidates  to  fill  such  vacancy:  Provided,  that  the  certificates  of 
nomination  to  fill  vacancy  shall  be  filed  with  the  secretary  of  state  not 
later  than  fifteen  days  before  the  day  fixed  by  law  for  the  election 
of  the  persons  in  nomination,  and  with  the  board  of  election  commis- 
sioners or  county  clerk  not  later  than  ten  days  before  such  election: 
Provided  further,  that  in  case  of  a  vacancy,  caused  by  death  or 
physical  casualty,  at  a  later  date  than  those  just  herein  provided,  the 
chairman  of  the  party  committee  of  the  county,  district  or  state,  as 
the  case  may  be,  is  hereby  empowered  to  fill  the  vacancy  by  the  ap- 
pointment of  another  person  to  be  the  candidate  for  that  office,  and 
he  shall  make  an  affidavit  covering  all  the  facts  before  the  judge  of 
some  court  of  record,  who  shall,  under  his  hand  and  the  seal  of  the 
court,  grant  a  certificate  covering  the  facts,  which  said  certificate  shall 
be  filed  with  the  secretary  of  state,  county  clerk  or  board  of  election 
commissioners.  If  with  the  secretary  of  state,  he  shall  immediately 
notify  the  various  county  clerks  and  boards  of  election  commissioners 
of  the  vacancy,  and  whenever  the  county  clerks  or  board  of  election 
commissioners  are  duly  notified  of  a  vacancy  as  defined  in  this  proviso, 
it  shall  be  their  duty  forthwith  to  have  printed  small  pasters,  suitable 
for  covering  the  name  or  names  to  be  stricken  out,  said  pasters  con- 
taining in  plain  letters  the  name  or  names  to  be  substituted ;  and  the 
said  county  clerks  or  boards  of  election  commissioners  shall  see  to  it 
that  these  pasters  are  properly  applied  to  the  tickets  before  they  are 
placed  in  the  hands  of  the  voters,  if  necessary,  by  having  them  con- 
veyed to  the  judges  of  election,  with  instructions  to  paste  them  over 
the  name  or  names  to  be  stricken  out  before  the  tickets  are  delivered 
to  the  voter.  Should  the  county  clerks  or  boards  of  election  commis- 
sioners receive  the  notification  herein  provided  for  in  time  to  do  so, 
they  shall  have  the  proper  correction  made  on  the  ticket  while  it  is 
still  in  the  hands  of  the  printer.  Should  the  exigency  of  time  be  so 
great  as  to  require  it,  notice  of  the  vacancy  and  of  the  compliance  with 
this  provision  by  the  chairman  of  the  political  party  may  be  conveyed 
to  the  secretary  of  state,  county  clerk  or  board  of  election  commis- 
sioners by  telegraphic  messages,  to  be  followed  by  the  filing  of  the 
papers;  said  officers  shall  proceed  immediately  upon  receipt  of  such 
telegram  to  take  action  as  though  the  papers  were  already  filed,  and 


NOMINATIONS.  83 

county  clerks  and  boards  of  election  commissioners  shall  in  similar 
manner  act  upon  a  telegraphic  notice  from  the  secretary  of  state.  Any 
false  or  corrupt  use  of  the  telegraph  to  mislead  any  officer  in  regard  ta 
a  vacancy  and  substitution  of  a  name  upon  a  ticket  to  be  voted  for  at 
the  polls  in  this  state  shall  be  deemed  a  felony,  to  be  punished  by  im- 
prisonment in  the  penitentiary  for  a  term  not  exceeding  ten  yeara. 
(R.  S.  1899,  §  7087,  amended,  Laws  1909,  p.  490.) 

Sec.  5848.  Central  committee — ^powers. — The  central  committee 
of  a  political  party  shall  consist  of  the  largest  body  elected  for  the 
purpose  of  representing  and  acting  for  the  party  in  the  interim  be- 
tween conventions  of  the  party.  That  for  the  purpose  of  making  nomi- 
nations to  fill  vacancies  on  a  ticket  previously  nominated  a  majority 
of  all  the  members-elect  of  a  central  committee  shall  be  necessary  to 
take  action.  That  a  central  committee  shall  not  have  the  power  to 
delegate  its  authority  to  make  nominations  to  any  person  or  number 
of  persons,  and  that  any  act  consequent  upon  any  such  delegation  of 
authority  shall  be  held  to  be  null  and  void.  That  no  central  committee 
shall  have  the  power  to  substitute,  to  fill  any  vacancy,  the  name  of 
any  person  who  is  not  known  to  be  of  the  same  political  belief  and 
party  as  the  person  for  whom  he  is  substituted.     (R.  S.  1899,  §  7088.) 

Sec.  6149.  Objections  to  certificates  of  nomination — ^proceedings. 
All  certificates  of  nomination  which  are  in  apparent  conformity  with 
the  provisions  of  sections  5848  and  5849,  shall  be  deemed  to  be  valid 
unless  objection  thereto  shall  be  duly  made,  in  writing,  within  three 
days  after  the  filing  of  the  same.  In  case  such  objection  is  made 
notice  thereof  shall  forthwith  be  mailed  to  all  candidates  who  may 
be  affected  thereby,  addressed  to  them  at  their  respective  places  of 
residence  as  given  in  the  certificate  of  nomination.  Objections  to  use 
of  party  name  may  also  be  made  and  passed  upon  in  the  same  manner 
as  objections  to  certificates.  The  secretary  of  state  or  the  county 
clerk,  as  the  case  may  be,  with  whom  the  original  certificate  was  filed, 
shall  in  the  first  instance  pass  upon  the  validity  of  such  objection  and 
his  decision  shall  be  final,  unless  an  order  shall  be  made  in  the  matter 
by  the  supreme  court,  or  a  circuit  court,  or  by  a  judge  of  such  court 
in  vacation,  before  the  date  for  the  certification  of  the  names  of  nom- 
inees by  the  secretary  of  state  to  the  county  clerk,  or  before  the  time 
at  which  the  county  clerk  is  required  by  law  to  publish  the  names  of 
nominees  as  certified  to  him.  Such  order  may  be  made  summarily 
upon  application  of  any  party  interested,  and  upon  such  notice  as  the 
court  or  judge  may  require.  The  decision  of  the  secretary  of  state, 
county  clerk,  or  the  order  of  the  court  or  judge  thereof  in  vacation, 
shall  be  binding  on  all  county  and  municipal  officers  with  whom 
certificates  of  nomination  are  filed.  In  case  of  a  division  in  any  party 
and  claims  by  two  or  more  factions  to  the  same  party  name  or  title, 
the  secretary  of  state  or  county  clerk  shall  give  the  preference  of  name 
to  the  convention  held  at  the  time  and  place  designated  in  the  call  of 
the  regularly  constituted  party  authorities,  and  if  the  other  faction  or 
factions  shall  present  no  other  party  name,  the  secretary  of  state  or 
county  clerk  shall  select  a  name  or  title,  and  place  the  same  on  the 


84  ELECTION   LAWS. 

ballot  before  the  list  of  candidates  of  said  faction.  The  action  of  the 
preceding  regular  convention  of  such  party  regularly  called  shall  de- 
termine the  action  of  the  secretary  of  state,  the  county  clerk  or  the 
court,  in  its  decision.  The  secretary  of  state  or  county  clerk  may  be 
compelled,  by  peremptory  order  or  mandamus  proceedings,  to  perform 
his  duty  in  this  regard :  Provided,  that  in  all  cities  having  a  board  of 
election  commissioners,  the  said  board  shall  perform  all  the  duties 
herein  required  of  county  clerks  and  be  governed  in  all  respects  by 
the  provisions  of  sections  5848  and  5849,  the  same  as  county  clerks. 
(R.  S.  1899,  §  7089.) 

Sec.  5850.  Secretary  of  state  to  certify  names  to  county  clerk. — 
Not  less  than  twenty  days  before  an  election  to  fill  any  public  office, 
the  secretary  of  state  shall  certify  to  the  clerk  of  the  county  court 
of  each  county  within  which  any  of  the  electors  may  by  law  vote  for 
candidates  for  such  office,  the  names  and  the  description  of  each 
person  nominated  for  such  office,  as  specified  in  the  certificate  of 
nomination  filed  with  the  secretary  of  state.  (R.  S.  1899,  §  7090, 
amended,  Laws  1909,  p.  490.) 

Sec.  5851.  Clerk  to  publish  names. — At  least  seven  days  before  an 
election  to  fill  any  public  office,  the  clerk  of  the  county  court  of  each 
county  shall  cause  to  be  published  in  two  newspapers  within  his 
county,  if  there  be  two  newspapers  published  therein,  or  if  there  be 
only  one  newspaper  published  therein,  then  in  such  newspaper,  the 
nominations  to  office  certified  to  him  by  the  secretary  of  state,  and 
^Iso  those  filed  in  his  office.  He  shall  make  not  less  than  two  such 
publications  in  each  of  such  newspapers  before  the  election,  one  of 
^which  publications  in  each  newspaper  shall  be  upon  the  last  day  upon 
which  such  newspaper  is  issued  before  the  election.  If  there  be  no 
newspaper  published  in  his  county,  the  clerk  of  the  county  court  shall, 
at  least  seven  days  before  the  election,  cause  to  be  posted  in  his  office 
and  at  some  public  place  in  each  township  of  his  county,  a  printed 
notice  of  the  nominations  to  office  certified  to  him  by  the  secretary 
of  state,  and  also  those  filed  in  his  office.     (R.  S.  1899,  §  7091.) 

Sec.  5852.  List  of  nominations  to  be  arranged,  etc. — The  list  of 
nominations  published  by  the  clerks  of  the  county  courts  of  the  re- 
spective counties  shall  be  arranged  in  the  order  and  form  in  which 
they  will  be  printed  upon  the  ballot.     (R.  S.  1899,  §  7092.) 

Sec.  5853.  Secretary  not  to  certify  names,  when — etc. — ^But  the 
secretary  of  state  shall  not  certify  the  name  of  a  candidate  whose  cer- 
tificate of  nomination  shall  have  been  filed  in  his  office,  who  shall  have 
notified  him  in  writing,  signed  and  executed  with  the  formalities  pre- 
scribed for  the  execution  of  an  instrument  affecting  real  estate  to 
entitle  it  to  record,  that  he  will  not  accept  the  nomination  contained 
in  the  certificate  of  nomination.  The  clerk  of  the  county  court  shall 
not  include  in  the  publication  to  be  made  according  to  section  5851, 
the  name  of  any  candidate  whose  certificate  of  nomination  shall  have 
been  filed  in  his  office  who  shall  have  notified  him  in  like  manner  that 
he  will  not  accept  the  nomination.     The  names  of  such  candidates  shall 


PRIMARY   ELECTIONS. 


85 


not  be  included  in  the  names  of  the  candidates  to  be  printed  in  the 
baUots  as  hereinafter  provided.     (R.  S.  1899,  §  7093.) 

Sec.  5854.  Destroying  certificate,  etc. — ^penalty. — No  person  shall : 
First,  falsely  make  or  fraudulently  destroy  any  certificate  of  nomina- 
tion, or  any  part  thereof;  or,  second,  file  any  certificate  of  nomina- 
tion, knowing  the  same,  or  any  part  thereof,  to  be  falsely  made;  or, 
third,  suppress  any  certificate  of  nomination  which  has  been  duly 
filed,  or  any  part  thereof ;  or,  fourth,  forge  or  falsely  make  the  official 
indorsement  on  any  ballot.  Every  person  violating  any  of  the  provi- 
sions of  this  section  shall  be  deemed  guilty  of  a  felony.  (R.  S.  1899,  § 
7111.) 


ARTICLE    IV. 


5856. 
5857. 


5858. 


PRIMARY 
SECTION 
5855.    Nominations,     how     made— excep- 
tions. 
Primary  held,  where — ^when. 
Secretary  of  state  to  notify  county 

clerks  of  offices  to  be  fllled. 
County  clerk  to  make  publication 
of  same. 

5859.  Declaration   to   be  filed  by   candi- 

date. 

5860.  Deposit  to  be  made  by  candidates 

— fund,  how  used. 

5861.  Deposit  to  go  to  general   revenue 

fund,  when. 

Declaration  to  be  filed,  where. 

Secretary  of  state  to  notify  coun- 
ty  clerks  of  candidates,   etc. 

5864.  County  clerk  shall  publish  names 

of    candidates,    etc — when    and 
how  long. 

5865.  In   what   papers   publication   is   to 

be   made. 
Official  ballot. 
Duties  of  clerk  respecting  sample 

ballots — distribution     of    official 

ballots. 
At  public  expense,  what  shall  be 

paid  for. 
Tickets,  how  prepared,  how  voted. 
Vacancies,  how  filled. 


5875. 
5876. 


5862. 
5863. 


6866. 
5867. 


5868. 


5869. 
6870. 


ELECTIONS 
SECTION 

5871.  Who  entitled  to  vote. 

5872.  Who  may  be  challengers  and  wit- 

nesses. 

5873.  WTiat    ballots    may    be    rejected- 

judges  may  administer  oaths. 

5874.  Votes    canvassed,    how — ^who    may 

be  present. 
Returns,  how  made  and  to  whom. 
County    canvass    of    returns,    how 

conducted. 

5877.  Whose  name  shall  appear  on  offi- 
cial ballot  as  nominee. 

5878.  Secretary  of  state  shall  publish  re- 
sult. 

5879.  Secretary  of  state  to  certify  nomi- 
nees to  county  clerks. 

5880.  Committeemen,   how  chosen — plat^ 
form,   how  made. 

5881.  Tie,  how  decided. 
Secretary    of    state   shall   prepare 

forms. 

Judges  and  clerks — ^how  appointed. 

Presidential   electors,   how   chosen. 

Penalties   and    provisions   of   elec- 
tion laws  to  apply. 
5886.    Duty  of  St.  Louis  election  commis- 
sioners  same   as  county   clerka. 

Penalty. 

Registration  and  revision. 


5882. 

5888. 
5884. 
5885. 


5887. 
5888. 


Sec.  5855.  Nominations,  how  made — exceptions. — Hereafter  all 
candidates  for  elective  offices  shall  be  nominated  by  a  primary  elec- 
tion held  in  accordance  with  this  article.  This  article  shall  not  apply  to 
special  elections  to  fill  vacancies,  nor  to  county  superintendents  of 
schools,  to  city  officers  not  elected  at  a  general  state  election,  to  town, 
village  or  school  district  officers.     (Laws  1909,  p.  481.) 

Sec.  5856.  Primary  held,  where — when. — The  primary  shall  be 
held  at  the  regular  polling  places  in  each  precinct  on  the  first  Tuesday 
of  August,  1910,  and  biennially  thereafter,  for  the  nomination  of  all 
candidates  to  be  voted  for  at  the  next  November  election.  (Laws 
1909,  p.  481.) 


86  ELECTION   LAWS. 

Sec.  5857.  Secretary  of  state  to  notify  county  clerks  of  offices  to 
be  filled. — At  least  ninety  days  before  the  time  of  holding  such  August 
primary  the  secretary  of  state  shall  prepare  and  transmit  to  each 
eounty  clerk  a  notice,  in  writing,  designating  the  office  for  which 
candidates  are  to  be  nominated  at  such  primary.     (Laws  1909,  p.  481.) 

Sec.  5858.  County  clerk  to  make  publication  ©f  same. — Upon 
receipt  of  such  notice,  such  county  clerk  shall,  not  less  than  ten  days 
thereafter,  publish  so  much  thereof  as  may  be  applicable  to  his  coun- 
ty, once  each  week,  for  four  consecutive  weeks,  in  at  least  two,  and 
not  to  exceed  four,  newspapers  of  general  circulation,  published  in 
said  county.     (Laws  1909,  p.  481.) 

Sec.  5859.  Declaration  to  be  filed  by  candidate. — The  name  of  no 
candidate  shall  be  printed  upon  any  official  ballot  at  any  primary 
election,  unless  at  least  sixty  days  prior  to  such  primary  a  written 
declaration  shall  have  been  filed  by  the  candidate,  as  provided  in  this 
article,  stating  his  full  name,  residence,  office  for  which  he  proposes 
as  a  candidate,  the  party  upon  whose  ticket  he  is  to  be  a  candidate, 
that  if  nominated  and  elected  to  such  office  he  will  qualify,  and  such 
declaration  shall  be  in  substantially  the  following  form: 

I,  the  undersigned,  a  resident  and  qualified  elector  of  the  ( precinct  of  the 

town  of  — ■■ ),  or  (the  precinct  of  the  ward  of  the  city  of  ), 

county  of  and  state  of  Missouri,  do  announce  myself  a  candidate  for  the  otRott 

of  on  the  ticket,  to  be  voted  for  at  the  primary  election  to  be  held  on 

the  first  Tuesday  in  August, ,  and  I  further  declare  that  If  nominated  and  elected 

to  such  oflice  I  will  qualify. 

(Signed)  

(Laws  1909,  p.  481.) 

Sec.  5860.  Deposit  to  be  made  by  candidates — fund,  how  used. — • 
Each  candidate,  except  for  a  township  office,  previous  to  filing  declara- 
tion papers,  as  in  this  article  prescribed,  shall  pay  to  the  treasurer  of 
the  state  or  county  central  committee  of  the  political  party  upon  whose 
ticket  he  proposes  as  a  candidate  and  seeks  nomination,  a  certain  sum 
of  money,  as  follows,  to  wit:  To  the  treasurer  of  the  state  central 
committee — one  hundred  dollars  if  he  becomes  a  candidate  for  a  state 
office,  or  judge  of  either  of  the  courts  of  appeal ;  fifty  dollars,  if  he  be 
a  candidate  for  representative  in  congress;  twenty-five  dollars,  if  he 
be  a  candidate  for  circuit  judge  or  state  senator.  To  the  treasurer  of 
the  county  central  committee — five  dollars,  if  he  be  a  candidate  for 
state  representative  or  any  county  office ;  take  a  receipt  therefor,  and 
file  such  receipt  with  and  at  the  time  he  files  his  declaration  papers. 
The  said  sums  of  money,  so  paid  by  the  several  candidates,  shall  be 
evidence  of  their  good  faith  in  filing  said  declaration  papers,  and 
shall  be  used  as  an  expense  fund  by  the  several  political  parties  upon 
whose  tickets  the  various  candidates  propose  as  candidates  and  seek 
nomination;  and  such  sums  of  money,  so  paid,  shall  be  excepted  from 
the  terms  and  provisions  of  article  XII,  of  this  chapter.  (Laws  1909, 
p.  481.) 

Sec.  5861.  Deposit  to  go  to  general  revenue  fund,  when. — Any 
person  desiring  to  file  declaration  papers,  or  propose  as  a  candidate  on 
any  independent  or  non-partisan  ticket,  who  does  not  announce  by 
declaration  papers  as  a  candidate  for  any  political  party  as  defined 


PRIMARY   ELECTIONS.  87 

by  this  article,  and  is  not  a  member  of  a  political  party  having  a  statt 
and  county  committee,  or  treasurer  thereof,  shall  pay  the  sum  of 
money  required  by  this  article  to  be  paid  by  the  candidate  for  the  office 
for  which  he  proposes  to  the  state  or  county  treasurer,  as  the  case 
may  be ;  take  a  receipt  therefor,  and  file  said  receipt  with  his  declara- 
tion papers;  said  sum  of  money,  so  paid,  shall  go  into  the  general 
revenue  fund  of  the  state  or  county.     (Laws  1909,  p.  481.) 

Sec.  5862.  Declaration  to  be  filed,  where. — No  person  shall  file 
more  than  one  written  declaration  indicating  the  party  designation 
under  which  his  name  is  to  be  printed  on  the  official  ballot,  and  all  dec- 
laration papers  shall  be  filed  as  follows :  1.  For  state  officers,  represen- 
tatives in  congress,  courts  of  appeal  and  circuit  judges,  and  those 
members  of  the  senate  and  assembly  whose  districts  comprise  more 
than  one  county,  in  the  office  of  the  secretary  of  state.  2.  For  officerg 
to  be  voted  for  wholly  within  one  county  or  in  the  city  of  St.  Louis, 
in  the  office  of  the  county  clerk  of  such  county  or  the  office  of  the 
election  commissioners  of  the  city  of  St.  Louis.     (Laws  1909,  p.  481.) 

Sec.  5863.  Secretary  of  state  to  notify  county  clerks  of  candi- 
dates, etc. — ^At  least  fifty-five  days  before  any  primary  preceding  a 
general  election,  the  secretary  of  state  shall  transmit  to  each  county 
clerk  a  certified  list  containing  the  name  and  postoffice  address  of 
each  person  who  shall  have  filed  declaration  papers  in  his  office,  and 
entitled  to  be  voted  for  at  such  primary,  together  with  a  designation 
of  the  office  for  which  he  is  a  candidate,  and  the  party  or  principle 
he  represents.     (Laws  1909,  p.  481.) 

Sec.  5864.  County  clerk  shall  publish  names  of  candidates,  etc. — 
when  and  how  long. — Such  clerks  shall,  upon  receipt  thereof,  publish, 
under  the  proper  party  designation,  the  title  of  each  office,  the  namei 
and  addresses  of  all  persons  who  shall  have  filed  declaration  papers, 
giving  the  name  and  address  of  each,  the  date  of  the  primary,  the 
hours  during  which  the  polls  will  be  opened,  and  that  the  primary 
will  be  held  at  the  regular  polling  places  in  each  precinct.  It  shall 
be  the  duty  of  the  county  clerk  to  publish  such  notice  for  three  con- 
secutive weeks  next  prior  to  said  primary.     (Laws  1909,  p.  481.) 

Sec.  5865.  In  what  papers  publication  is  to  be  made. — ^Every  pub- 
lication required  in  this  article  shall  be  made  in  not  less  than  two  news- 
papers of  general  circulation  in  such  county;  one  of  such  newspapers 
shall  represent  the  political  party  that  cast  the  largest  vote  in  such 
county  at  the  preceding  general  election,  and  one  of  such  newspapers 
shall  represent  the  political  party  that  cast  the  next  largest  vote  in 
such  county  at  the  preceding  general  election.  In  any  case  where  the 
publication  of  notice  cannot  be  made  as  hereinbefore  required,  it  may 
be  made  in  any  newspaper  having  a  general  circulation  in  the  county 
in  which  the  notice  is  required  to  be  published.     (Laws  1909,  p.  481.) 

Sec.  5866.  Official  ballot.— An  official  ballot  shall  be  printed  and 
provided  for  use  at  each  voting  precinct  in  the  form  provided  herein. 
The  names  of  all  the  candidates  for  the  respective  offices,  who  shall 
have  filed  declaration  papers  as  in  this  article  prescribed,  shall  be 
printed  thereon.     (Laws  1909,  p.  481.) 


88  ELECTION   LAWS. 

Sec.  5867.  Duties  of  clerk  respecting^  sample  ballots — distribution 
of  official  ballots. — ^At  least  twenty  days  before  the  August  primary 
each  county  clerk  shall  prepare  sample  official  ballots,  placing  there- 
on, alphabetically,  under  the  appropriate  title  of  each  office  and  party 
designation,  the  names  of  all  candidates  to  be  voted  for  in  the  precinct 
of  his  county.  Such  sample  ballot  shall  be  printed  upon  tinted  or  col- 
ored paper,  and  shall  contain  no  blank  endorsement  or  certificate. 
Such  clerk  shall  forthwith  submit  the  ticket  of  each  party  to  the 
county  chairman  thereof,  and  mail  a  copy  to  each  candidate  to  his 
postoffice  address,  as  given  in  his  declaration  paper,  and  he  shall  post 
a  copy  of  each  sample  ballot  in  a  conspicuous  place  in  his  office.  On 
the  tenth  day  before  such  primary  the  county  clerk  shall  correct  any 
errors  or  omissions  in  the  ballot,  cause  the  same  to  be  printed  and 
distributed,  as  required  by  law,  in  the  case  of  ballots  for  the  general 
election,  except  that  the  number  of  ballots  to  be  furnished  to  each  pre- 
cinct shall  be  twice  the  number  of  votes  cast  thereat  in  the  last  preced- 
ing general  election.     (Laws  1909,  p.  481.) 

Sec.  5868.  At  public  expense,  what  shall  be  paid  for. — All  ballots, 
blanks  and  other  supplies  to  be  used  at  any  primary,  and  all  expenses 
necessarily  incurred  in  the  preparation  for  or  in  conducting  such 
primary,  shall  be  paid  out  of  the  treasury  of  the  city,  county  or  state, 
as  the  case  may  be,  in  the  same  manner,  with  like  effect,  and  by  the 
same  officers  as  in  the  case  of  elections.     (Laws  1909,  p.  481.) 

Sec.  5869.  Tickets,  how  prepared — ^how  voted. — At  all  primaries 
there  shall  be  as  many  separate  tickets  as  there  are  parties  entitled 
to  participate  in  said  primary  election.  There  shall  also  be  a  non- 
partisan ticket,  upon  which,  under  appropriate  title  of  each  office, 
shall  be  printed  the  names  of  all  persons  by  whom  declaration  papers 
shall  have  been  filed,  as  required  by  this  article,  who  do  not  announce 
by  such  declaration  papers  as  candidates  for  any  political  party,  as 
defined  by  this  article.  The  names  of  all  candidates  shall  be  arranged 
under  the  appropriate  title  of  the  respective  offices,  and  under  the 
proper  party  designation  upon  the  party  ticket,  and  upon  the  non- 
partisan ticket,  as  the  case  may  be ;  and  the  names  of  the  candidates 
for  each  office  shall  be  so  alternated  on  the  ballots  used  in  the  several 
election  districts  or  precincts,  that  each  name  shall  appear  thereon 
substantially  an  equal  number  of  times  at  the  top,  at  the  bottom,  and 
in  each  intermediate  place,  if  any,  of  the  lists  or  group  of  names  in 
which  such  candidate's  name  belongs,  and  all  officers  charged  with 
the  preparation  and  distribution  of  such  ballots  shall  cause  the 
printers'  forms  to  be  so  transposed  and  the  ballots  so  made  up  as  to 
carry  out  the  intent  of  this  provision.  If  any  elector  write  upon  his 
ticket  the  name  of  any  person  who  is  a  candiflate  for  the  same  office 
upon  some  other  ticket  than  that  upon  which  his  name  is  so  written, 
this  ballot  shall  not  be  counted  for  such  person.  On  any  day  of  nomi- 
nation of  public  officers  in  any  primary  election  precinct,  each  quali- 
fied elector  shall  be  entitled  to  receive  from  the  judges  of  the  election 
one  ballot  of  the  political  party  participating  in  such  election  for 
which  he  desires  to  vote.    It  shall  be  the  duty  of  such  judges  of  elec- 


PRIMARY   ELECTIONS.  89 

tion  to  deliver  such  ballot  to  the  electors.  Before  delivering  any 
ballot  to  the  elector,  the  two  judges  of  election  ha\dng  charge  of  the 
ballot  shall  write  their  names  or  initials  upon  the  back  of  the  ballot 
with  indelible  pencil,  and  no  other  writing  shall  be  on  the  back  of  the 
ballot  except  the  number  of  the  ballot  voted.  (Laws  1909,  p.  481; 
amended,  Laws  1911,  p.  242.) 

Sec.  5870.  Vacancies,  how  filled. — ^Vacancies  occurring  after  the 
holding  of  any  primary  or  where  no  person  shall  offer  himself  as  a 
candidate  before  such  primary,  shall  be  filled  by  the  party  committee 
of  the  district,  county  or  state,  as  the  case  may  be:  Provided, 
however,  that  no  name  shall  be  allowed  on  any  ticket  until  the  re- 
quired fee  shall  have  been  paid.     (Laws  1909,  p.  481.) 

Sec.  5871.  Who  entitled  to  vote. — No  person  shall  be  entitled  to 
vote  at  any  primary  unless  a  qualified  elector  of  the  precinct  and  duly 
registered  therein,  if  registration  thereat  be  required  by  law,  and 
known  to  affiliate  with  the  political  party  named  at  the  head  of  the 
ticket  he  calls  for,  and  attempts  to  vote,  or  obligates  himself  to  sup- 
port the  nominees  of  said  party  at  the  following  general  election. 
(Laws  1909,  p.  481.) 

Sec.  5872.  Who  may  be  challengers  and  witnesses. — The  county, 
ward  or  township  committeeman  of  each  party  in  each  county,  or  the 
ward  committeeman  in  any  city  with  a  population  of  over  300,000, 
may  appoint  two  party  agents  or  representatives,  with  alternates  for 
each,  who  may  represent  his  party  at  the  polling  place  in  each  pre- 
cinct during  the  casting,  canvass  and  return  of  the  vote  at  a  primary, 
who  shall  act  as  challengers  and  witnesses  to  the  count  of  the  vote 
for  their  respective  parties,  and  have  the  power  prescribed  by  law. 
(Laws  1909,  p.  481.) 

Sec.  5873.  What  ballots  may  be  rejected — ^judges  may  administer 
oaths. — It  shall  be  the  duty  of  the  challenger  to  challenge  and  the  duty 
af  the  judges  of  election  to  reject  the  ballot  of  any  person  attempting 
to  vote  other  than  the  ticket  of  the  party  with  which  he  is  known  to 
be  affiliated,  unless  such  person,  when  challenged,  obligates  himself,  by 
oath  or  affirmation,  administered  by  one  of  the  judges,  to  support  the 
party  nominees  of  the  ticket  he  is  voting  in  the  following  general  elec- 
tion. All  judges  of  the  election  shall  have  autlwrity  and  are  em- 
powered to  administer  such  oath,  or  affirmation,  and  any  person 
offering  to  vote  who  shall  fail  or  refuse  to  take  or  make  such  oath 
or  affirmation  when  demanded  by  such  challenger,  or  required  by  any 
judge,  shall  not  be  allowed  to  vote  at  such  primary  election.  (Laws 
1909,  p.  481.) 

Sec.  5874.  Votes  canvassed,  how — ^who  may  be  present. — The  can- 
vass of  votes  shall  be  made  in  the  same  manner  and  by  the  same 
officers  as  the  canvass  of  an  election.  The  party  chairman  of  the  city 
in  a  precinct  canvass,  of  the  county  in  a  county  canvass,  of  the  state 
in  a  state  canvass,  or  some  duly  appointed  agent  to  represent  each 
party,  shall  be  allowed  to  be  present  and  observe  the  proceedings. 
(Laws  1909,  p.  481.) 

Sec.  5875.    Returns,  how  made  and  to  whom. — The  precinct  judges 


90  ELECTION  LAWS. 

and  clerks  of  election  shall,  on  separate  sheets,  on  blanks  to  be  pro- 
vided for  that  purpose,  make  full  and  accurate  returns  of  the  votes 
cast  for  each  candidate,  and  shall,  within  twenty-four  hours,  cause 
to  be  delivered  one  copy  of  such  returns  as  to  each  political  party  to 
the  county  chairman  of  that  party,  and  also  cause  such  returns  to  be 
delivered  to  the  county  clerk:  Provided,  always,  that  such  returns 
shall  be  sent  by  registered  mail  where  practicable.  (Laws  1909,  p. 
481.) 

Sec.  5876.  County  canvass  of  returns,  how  conducted. — The 
county  canvass  of  the  returns  of  a  primary  shall  be  made  by  the  same 
officers,  and  in  the  same  manner  as  now  provided  by  law,  for  the  can- 
vass of  returns  of  a  November  election.  The  canvassers  shall  meet  and 
canvass  such  returns  at  ten  o'clock  on  the  Friday  following  the  pri- 
mary. Their  returns  shall  contain  the  whole  number  of  votes  cast  for 
each  candidate  of  each  political  party,  and  a  duplicate  as  to  each 
political  party  shall  be  delivered  to  the  county  chairman  of  such 
party.  The  canvassers  shall  also  make  an  additional  duplicate  return 
in  the  same  form,  showing  the  votes  cast  for  each  candidate  not  voted 
for  wholly  within  the  limits  of  the  county.  The  county  clerk  shall 
forthwith  send  to  the  secretary  of  state,  by  registered  mail,  one  com- 
plete copy  of  all  returns  as  to  such  candidates,  and  he  shall  likewise 
send  to  the  chairman  of  the  state  central  committee  of  each  party 
a  duplicate  copy  of  the  returns  last  described  relating  to  such  candi- 
dates of  each  party.     (Laws  1909,  p.  481.) 

Sec.  5877.  Whose  name  shall  appear  on  official  ballot  as  nominee. 
The  person  receiving  the  greatest  number  of  votes  at  a  primary  as  the 
candidate  of  a  party  for  an  office  shall  be  the  candidate  of  that  party 
for  such  office,  and  his  name  as  such  candidate  shall  be  placed  on  the 
official  ballot  at  the  following  election.     (Laws  1909,  p.  481.) 

Sec.  5878.  Secretary  of  state  shall  publish  result. — As  soon  as  the 
state  canvass  of  a  primary  shall  be  certified  to  him,  the  secretary  of 
state  shall  cause  to  be  published  a  certified  statement  of  the  result  of 
such  primary  as  to  candidates  for  state  officers,  and  representatives 
in  congress,  and  any  other  candidate  whose  district  extends  beyond 
the  limits  of  a  single  county,  and  shall  mail  to  the  chairman  of  the 
state  central  committee  of  each  party  so  much  of  such  certificate  as 
relates  to  his  party.     (Laws  1909,  p.  481.) 

Sec.  5879.  Secretary  of  state  to  certify  nominees  to  county  clerks. 
Not  less  than  twenty  days  before  any  November  election  the  secretary 
of  state  shall  certify  to  the  county  clerk  of  each  county  within  which 
any  of  the  electors  may  vote  for  the  candidates  for  such  offices,  the 
name  and  description  of  each  person  nominated  for  any  such  office 
as  specified  in  the  nomination  papers.  (Laws  1907,  p.  263,  amended, 
Laws  of  1909,  p.  480.) 

This  act  wa»  approved  June  12,  1909.  Th«  corresponding  section  of  the  new 
primary  law,  1909,  was  approved  June  1,  1909,  and  fixes  fourteen  Instead  of  twenty 
days. 

Sec.  5880.  Committeemen,  how  chosen — platform,  how  made. — 
At  the  August  primary  each  voter  may  write,  in  the  space  left  on  his 


PRIMARY   ELECTIONS.  91 

ticket  for  that  purpose,  the  name  of  any  qualified  elector  of  the  ward 
or  township,  as  the  case  may  be,  for  his  ward  or  township  committee- 
man, and  the  one  receiving  the  highest  number  of  votes  in  such  ward 
or  township  shall  be  the  member  of  the  party  committee  of  such 
county,  but  provided,  that  in  counties  having  a  population  of  over  two 
hundred  thousand  and  less  than  four  hundred  thousand  inhabitants, 
each  qualified  voter  may  write,  in  the  space  left  on  his  ticket  for  that 
purpose,  the  names  of  two  qualified  electors  of  the  ward  or  township, 
as  the  case  may  be,  for  his  ward  or  township  committeemen,  and  the 
two  receiving  the  highest  number  of  votes  in  such  ward  or  township 
shall  be  the  members  of  the  party  committee  of  such  county :  Provided, 
that  two  township  committeemen  may  be  elected  under  the  provisions 
in  lines  one  to  six,  inclusive,  where  same  is  ordered  by  county  com- 
mittee.   Each  county  committee,  composed  of  the  various  ward  and 
township  committeemen,  shall  meet  at  the  county  seat  of  such  county 
on  the  first  Tuesday  after  the  said  August  primary,  and  organize  by  the 
election  of  one  of  its  members  as  chairman,  and  in  counties  having 
more  than  one  legislative  district  a  vice-chairman  for  each  of  such 
legislative  districts,  and  by  electing  a  secretary  and  treasurer,  who 
need  not  be  members  of  said  committee,  and  the  chairman  and  the 
vice-chairman  so  elected  shall,  by  virtue  thereof,  each  become  a  mem- 
ber of  the  party  congressional,  senatorial  and  judicial  committee  of  the 
district  of  which  his  county  is  a  part:    Provided,  that  if  any  such 
congressional  district  shall  consist  wholly  of  one  county,  then  the  mem- 
bers of  the  county  committee  of  such  county  shall  constitute  the  con- 
gressional committee  of  such  district :    Provided  further,  that  if  any 
congressional  district  shall  consist  in  part  of  any  county  containing  a 
population  of  not  less  than  75,000  inhabitants,  and  in  part  of  a  portion 
of  a  city  which  city  contains  not  less  than  500,000  inhabitants,  then 
the  members  of  the    county  committee  of  such  county  and  the  ward 
committeeman  from  that  portion  of  the  city  located  in  such  congres- 
sional district  shall  constitute  the  congressional  committee  of  such 
district.     Such  congressional  committee  shall  meet  at  some  point  in 
such  congressional  district,  to  be  designated  by  the  then  chairman  of 
the  congressional  committee,  on  the  third  Tuesday  in  August,  and, 
when  so  met,  shall  organize  by  the  election  of  one  of  its  members  as 
chairman,  and  by  electing  a  secretary  and  treasurer,  and  shall  then 
proceed  to  name  two  qualified  electors  of  such  district  as  members  of 
the  party  state  committee,  which  state  committee,  being  composed  of 
two  members  from  each  congressional  district  in  the  state,  shall  meet 
at  noon  on  the  fourth  Tuesday  of  August  at  some  point  in  the  state 
to  be  designated  by  the  then  state  committee,  and  organize  by  the 
election  of  a  chairman,  who  shall  be  chairman  of  the  state  committee, 
and  by  the  election  of  a  secretary  and  treasurer,  and  after  having 
so  organized,  shall  meet  with  the  party  nominees  for  state  officers, 
congressmen,   state   senators,   representatives,   and   forthwith   formu- 
late a  state  platform  for  their  party,  and  make  public  the  same  not 
later  than  six  o'clock  in  the  afternoon  of  the  following  day.     The 


92  ELECTION   LAWS. 

provisions  of  this  section,  so  far  as  consistent,  shall  apply  to  cities 
that  are  divided  into  wards  for  election  purposes,  and  when  the  word 
county  is  used,  it  shall  apply  to  such  cities  by  wards,  so  far  as  appli- 
cable.    (Laws  1909,  p.'  481,  amended  Laws  1913,  pp.  331,  332.) 

Sec.  5881.  Tie,  how  decided. — In  case  of  a  tie  vote,  the  tie  shall 
forthwith  be  determined  by  lot  by  the  canvassers.  (Laws  1909,  p. 
481.) 

Sec.  5882.  Secretary  of  state  shall  prepare  forms. — It  shall  be  the 
duty  of  the  secretary  of  state,  on  or  before  May  1st,  next  preceding 
any  November  general  election,  to  prepare  all  forms  necessary  to 
carry  out  the  provisions  of  this  article,  which  forms  shall  be 
substantially  followed  in  all  primaries  held  in  pursuance  hereof.  Such 
forms  shall  be  printed  with  copies  of  this  article  for  public  use  and 
distribution.     (Laws  1909,  p.  481.) 

Sec.  5883.  Judges  and  clerks — how  appointed. — The  judges  and 
clerks  for  primary  elections  held  under  this  article  shall  be  appointed 
in  the  same  manner,  and  possess  the  same  qualifications  and  consist  of 
the  same  number  as  judges  and  clerks  of  general  elections  in  this  state : 
Provided,  that  in  all  counties  in  this  state  which  now  contain,  or  here- 
after may  contain,  a  city  of  not  less  than  one  hundred  thousand  in- 
habitants and  more  than  four  hundred  thousand  inhabitants,  the 
county  committee  of  each  political  party  which,  at  the  general  elec- 
tion held  next  preceding  any  primary  election  held  under  the  provi- 
sions of  this  article,  cast  at  least  ten  per  cent,  of  all  the  votes  cast  at 
such  election  in  such  county,  shall  appoint  three  judges  and  one 
clerk  for  such  primary  election  for  each  election  precinct  in  such 
county  outside  of  such  city,  and  in  all  such  cities  the  judges  and  clerks 
of  election  regularly  appointed  and  commissioned  for  regular  elec- 
tions shall  act  as  judges  and  clerks  of  all  primary  elections  held  under 
the  provisions  of  this  article.     (Laws  1909,  p.  481.) 

Sec.  5884.  Presidential  electors,  how  chosen. — The  state  com- 
mittee of  any  political  party  may  call  a  convention  of  delegates,  to  be 
apportioned,  chosen  or  elected  in  such  manner  as  it  may  prescribe,  for 
the  purpose  of  nominating  presidential  electors,-  electing  delegates  to. 
national  conventions,  electing  members  of  national  committees,  adopt- 
ing or  making  such  declarations  of  party  principles  with  reference  to 
national  questions  as  may  be  deemed  advisable,  and  to  do  and  to  per- 
form any  other  act  not  prohibited  by  or  inconsistent  with  this  article. 
(Laws  1909,  p.  481.) 

Sec.  5885.  Penalties  and  provisions  of  election  laws  to  apply. — 
The  provisions  of  the  statutes  now  in  force  in  relation  to  the  holding 
of  elections,  the  solicitation  of  voters  at  the  polls,  the  challenging  of 
voters,  the  manner  of  conducting  elections,  of  counting  the  ballots  and 
making  return  thereof,  and  all  other  kindred  subjects,  shall  apply  to 
aU  primaries  in  so  far  as  they  are  consistent  with  this  article,  the  intent 
of  this  article  being  to  place  primary  elections  under  the  regulation 
and  protection  of  the  laws  now  in  force  as  to  general  elections.  Any 
act  declared  an  offense  by  the  general  laws  of  this  state,  concerning 
caucuses  and  elections,  shall,  also,  in  like  case,  be  an  offense  in  all  pri- 


BALLOTS,    VOTING  AND   RETURNS. 


93 


maries,  and  shall  be  punished  in  the  same  form  and  manner  as  therein 
provided,  and  all  the  penalties  and  provisions  of  the  law  as  to  such 
caucuses  and  elections,  except  as  herein  otherwise  provided,  shall 
apply  in  such  cases  with  equal  force  and  to  the  same  extent  as  though 
fully  set  forth  in  this  article.     (Laws  1909,  p.  481.) 

Sec.  5886.  Duty  of  St.  Louis  election  commissioners  same  as 
county  clerks. — Any  duty  required  of  or  power  given  to  county  clerks 
by  this  article  shall,  in  the  city  of  Saint  Louis,  be  performed  by  or 
vested  in  the  board  of  election  commissioners  for  said  city,  or  a  ma- 
jority of  said  board.     (Laws  1909,  p.  481.) 

Sec.  5887.  Penalty. — Any  person  violating  any  of  the  provisions 
or  requirements  of  this  article  for  which  no  other  or  different  punish- 
ment is  prescribed  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
or  city  jail  for  a  term  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment.     (Laws  1909,  p.  481.) 

Sec.  5888.  Registration  and  revision. — ^In  all  cities  and  counties 
of  this  state  wherein  registration  of  voters  is  required  by  law,  the 
clerks  of  election  in  each  precinct  shall  canvass  their  respective  pre- 
cinct on  the  fourth  Saturday  preceding  such  primary  in  the  same 
manner  as  such  precincts  are  canvassed  preceding  any  general  elec- 
tion, and  persons  challenged,  or  not  found  by  such  clerks,  shall  re- 
ceive the  same  notice  as  required  by  law  for  general  elections  to  show 
cause  and  appear  before  the  precinct  board  of  revision  on  the  second 
Saturday  preceding  said  primary  election  why  their  names  shall  not 
be  stricken  from  the  registration  books  of  said  precinct.  The  judges 
and  clerks  of  each  precinct  shall  meet  on  the  second  Saturday  pre- 
ceding such  primary  election  between  the  hours  of  one  o'clock  p.  m. 
and  eight  o'clock  p.  m.  as  the  precinct  board  of  revision,  and  discharge 
their  duty  revising  such  registration  in  the  same  manner  as  provided 
by  law  for  general  election.     (Laws  1909,  p.  481.) 


ARTICLE  V. 

BALLOTS,  VOTING  AND  RETURNS. 


SECTION 
5889.    Ballots, 


printing — delivery — pay- 
ment. 

5890.  Clerk   to   furnish   ballots,    eta 

5891.  Form  of  ballot. 

5892.  Clerk  to  furnish  ballots  when  any 

question  is  submitted. 

5893.  Number  of  ballots  to  be  provided. 

5894.  Ballots   to  be   delivered   to  judges 

of  election,  when. 
6895.    Ballots  to  be  printed  under  direc- 
tion of  county  court. 

5896.  Omission  or  error  to  be  corrected, 

how. 

5897.  Booths  to  be  provided — number — 

who  allowed  within. 


SECTION 

5898.  Clerk   to   furnish   printed   instruc- 

tions, etc 

5899.  Ballots  to  be  delivered  to  voter — 

to  be  marked,  how. 

5900.  Voting — ^voter  shall   proceed,   how. 

5901.  One  person  to  occupy  booth. 

5902.  Spoiling  ballot,   judges   to   furnish 

another,  etc. 

5903.  Illiterate  voter — ^judge   to  prepare 

ballot,  when. 

5904.  Ballots  to  be  numbered,  etc. 

5905.  Duty  of  judges. 

6906.    Clerks  shall  enter  votes. 
5907.    Poll  book  shall  be  signed  and  at- 
tested. 


94 


ELECTION   LAWS. 


5909. 
5910. 
5911. 


SECTION 
5917.    Destroying  supplies  of  booths,  etc. 
— penalty. 
Officer  neglecting  duty — penalty. 
Officer  not  to  disclose  vote,  etc — 
penalty. 

5920.  Failure    to    open    polls    at    proper 

time — proceedings. 

5921.  Article    not    to    apply    to    certain 

elections. 
Duties  of  clerks  to  be  exercised  by 

board  of  election  commissioners. 
Application  of  article. 


5918. 
5919. 


5922. 


6923. 


SECTION 
5908.    Fraudulent  ballots. 

Ballot  fraudulent  In  part 
Result   to  be  publicly  proclaimed. 
Poll    books    to   be    transmitted   to 
county  clerk. 

6912.  County  clerk  and  two  Justices  to 

cast  up  votes. 

6913.  To  be  done  publicly. 

6914.  Certificate  shall  Include  statement 

of  what. 

6916.  Proceedings  In  case  of  a  tie  In 
certain   offices. 

6916.  Duty  of  clerks  in  certifying  elec- 
tion of  state  senators. 

Sec.  5889.  Ballots,  printing — delivery— payment. — ^All  ballots 
cast  in  elections  for  p\iblic  officers  within  this  state  shall  be  printed  and 
distributed  at  public  expense,  as  hereinafter  provided.  The  printing 
of  the  ballots  and  of  the  cards  of  instruction  for  the  electors  in  each 
county,  and  the  delivery  of  the  same  to  the  election  officers,  as  pro- 
vided in  section  5894,  shall  be  a  county  charge,  except  where  the  officers ' 
to  be  voted  for  are  exclusively  city  officers,  in  which  case  such  printing 
and  delivery  shall  be  a  city  charge,  the  payment  of  which  shall  be 
provided  for  in  the  same  manner  as  the  payment  of  other  county  or 
city  expenses.     (R.  S.  1899,  §  7077.) 

Sec.  5890.  Clerk  to  furnish  ballots,  etc. — ^Except  as  in  this  article 
otherwise  provided,  it  shall  be  the  duty  of  the  clerk  of  the  county 
court  of  each  county  to  provide  printed  ballots  for  every  election  for 
public  officers  in  which  the  electors  or  any  of  the  electors  within  his 
county  participate,  and  to  cause  to  be  printed  in  the  appropriate  ballot, 
the  name  of  every  candidate  whose  name  has  been  certified  to  or 
filed  with  him  in  the  manner  provided  for  in  this  article.  Ballots 
other  than  those  printed  by  the  respective  clerks  of  the  county  courts 
according  to  the  provisions  of  this  article  shall  not  be  cast  or  counted 
in  any  election.     (R.  S.  1899,  §  7095.) 

Sec.  5891.  Form  of  ballot. — ^Every  ballot  printed  under  the  pro- 
visions of  this  article  shall  contain  the  names  of  every  candidate  whose 
nomination  for  any  office  specified  in  the  ballot  has  been  certified  or 
filed  according  to  the  provisions  of  this  article,  and  no  other  names. 
The  names  of  candidates  nominated  by  each  party  shall  be  grouped 
together  under  the  proper  heading  designating  the  political  party  by 
which  the  candidates  composing  said  groups  are  placed  in  nomination. 
Each  group  on  the  ballot  shall  be  headed  by  the  name  of  the  party 
or  principle  which  the  candidates  represent,  as  indicated  by  the  cer- 
tificates of  nomination.  And  each  group  shall  so  alternate  on  the  bal- 
lots used  in  the  several  election  districts  or  precincts  that  each  group 
will  appear  thereon  an  equal  number  of  times  in  the  first  column, 
and  the  last  column  and  in  each  intermediate  column.  The  name  of 
no  candidate  shall  appear  in  more  than  one  group.  Underneath  the 
name  of  each  candidate  shall  be  left  a  blank  space  sufficiently  large 
to  contain  a  written  name.     (Laws  1913,  p.  327.) 

Sec.  5892.  Clerk  to  furnish  ballots  when  any  question  is  sub- 
mitted.— Whenever  the  secretary  of  state  has  duly  certified  to  the 


BALLOTS,   VOTING  AND    RETURNS.  95 

clerk  of  each  county  court  any  question  to  be  submitted  to  the  vote 
of  the  people,  the  clerk  of  the  county  court  shall  prepare  and  distribute 
ballots  of  such  form  as  will  enable  the  electors  to  vote  upon  the  ques^- 
tion  in  the  manner  hereinafter  provided.     (R.  S.  1899,  §  7097.) 

Sec.  5893.  Number  of  ballots  to  be  provided. — The  clerk  of  the 
county  court  of  each  county  shall  provide  for  each  election  district 
in  his  county  one  hundred  ballots  for  each  fifty  and  fraction  of  fifty 
electors  registered  at  the  last  preceding  general  election  in  the  dis- 
trict or  precinct.  If  there  is  no  registration  of  voters  in  the  district 
or  precinct,  he  shall  provide  ballots  to  the  number  of  one  hundred 
for  every  ■  fifty  or  fraction  of  fifty  electors  who  voted  at  the  last 
general  election  in  the  district  or  precinct.     (Laws  1913,  p.  328.) 

Sec.  5894.  Ballots  to  be  delivered  to  judges  of  election,  when. — 
Before  the  opening  of  the  polls  at  any  election  for  public  officers  with- 
in any  county,  the  clerk  of  the  county  court  shall  cause  to  be  delivered 
to  the  judges  of  election  of  each  election  district  which  is  within  the 
county  in  which  the  election  is  to  be  held,  the  number  of  ballots  print- 
ed for  such  district,  said  delivery  to  be  made  by  the  sheriff  of  the 
county,  his  deputy,  or  constable  of  the  township,  who  shall  be  allowed 
a  reasonable  compensation  for  his  services,  to  be  provided  for  by  the 
county  court.     (R.  S.  1899,  §  7099.) 

Sec.  5896.  Omission  or  error  to  be  corrected,  how. — ^Whenever  it 
shall  appear  by  affidavit  that  an  error  or  omission  has  occurred  in  the 
publication  of  the  names  or  description  of  candidates  nominated  for 
office,  or  in  the  printing  of  the  ballots,  the  circuit  court  of  any  county, 
or  the  judge  thereof  in  vacation,  or  if  the  circuit  judge  is  then  absent 
from  the  county,  a  judge  of  the  county  court,  may,  upon  application 
by  any  elector,  by  order,  require  the  clerk  of  the  county  court  to 
correct  such  error,  or  to  show  cause  why  such  error  should  not  be 
corrected.     (R.  S.  1899,  §  7102.) 

Sec.  5897.  Booths  to  be  provided — number— who  allowed  within. 
All  officers  upon  whom  is  imposed  by  law  the  duty  of  designating  the 
polling  places,  shall  provide  in  each  place  designated  by  them  a  suf- 
ficient number  of  places,  booths  or  compartments,  which  shall  be 
furnished  with  such  supplies  and  conveniences  as  shall  enable  the 
voter  conveniently  to  prepare  his  ballot  for  voting,  in  which  compart- 
ment the  electors  shall  mark  their  ballots,  screened  from  observation, 
and  a  guard  so  constructed  that  only  persons  within  the  said  rail  can 
approach  within  five  feet  of  the  ballot  boxes,  or  the  places  or  com- 
partments herein  provided  for.  The  number  of  places  or  compart- 
ments shall  not  be  less  than  one  for  every  one  hundred  and  fraction  of 
one  hundred  electors  who  voted  at  the  last  preceding  general  election 
in  the  district;  in  cities  having  registration,  the  number  shall  be  one 
for  every  hundred  or  fraction  of  one  hundred  names  registered.  No 
persons,  other  than  electors  engaged  in  receiving,  preparing  or  de- 
positing their  ballots,  shall  be  permitted  to  be  within  said  rail,  except 
by  authority  of  the  judges  of  election,  and  except  as  is  now  by  law 
otherwise  provided.  The  expenses  of  providing  such  places  or  com- 
partments and  guard  rails  shall  be  a  public  charge,  and  shall  be  pro- 


96  ELECTION   LAWS. 

vided  for  in  each  county,  town  and  city  in  the  same  manner  as  the 
other  election  expenses.     (R.  S.  1899,  §  7103.) 

Sec.  5898.  Clerk  to  furnish  printed  instructions,  etc. — The  clerk 
of  the  county  court  of  each  county  shall  cause  to  be  printed  in  large 
type,  on  cards,  instructions  for  the  guidance  of  electors  preparing 
their  ballots.  He  shall  furnish  twelve  such  cards  to  the  judges  of 
election  in  each  election  district,  at  the  same  time  and  in  the  same 
manner  as  the  printed  ballots.  The  judges  of  election  shall  post  not 
less  than  one  of  such  cards  in  each  place  or  compartment  provided  for 
the  preparation  of  ballots,  and  not  less  than  three  of  such  cards  else- 
where in  and  about  the  polling  place,  upon  the  day  of  election.  Said 
cards  shall  be  printed  in  large,  clear  type,  and  shall  contain  full  in- 
structions to  the  voters  as  to  what  should  be  done :  First,  to  obtain 
ballots  for  voting;  second,  to  prepare  the  ballots  for  deposit  in  the 
ballot  boxes ;  third,  to  obtain  a  new  ballot  in  place  of  one  accidentally 
spoiled;  also  a  copy  of  sections  5854,  5917  and  5919.  (R.  S.  1899,  § 
7110.) 

Sec.  5899.  Ballots  to  be  delivered  to  voter — ^to  be  marked,  how. 
On  any  day  of  election  of  public  officers  in  any  election  district  each 
qualified  elector  shall  be  entitled  to  receive  from  the  judges  of  election 
one  ballot  of  each  political  party  voted  for  at  said  election.  It  shall 
be  the  duty  of  such  judges  of  election  to  deliver  such  ballots  to  the 
elector.  Before  delivering  any  ballots  to  the  electors  the  two  judges 
of  election  having  charge  of  the  ballots  shall  write  their  names  or 
initials  upon  the  back  of  the  ballots,  with  ink  or  indelible  pencil,  and 
no  other  writing  shall  be  on  the  back  of  the  ballot,  except  the  number 
of  the  ballot  voted.     (R.  S.  1899,  §  7104.) 

Sec.  5900.  Voting — ^voter  shall  proceed,  how. — On  receipt  of  his 
ballot  the  elector  shall  forthwith,  and  without  leaving  the  polling 
place,  retire  alone  to  one  of  the  places,  booths  or  compartments  pro- 
vided to  prepare  his  ballot.  He  shall  prepare  his  ballot  by  marking 
out  all  the  groups  other  than  the  one  he  wishes  to  vote.  After  selecting 
the  group  he  wishes  to  vote  he  shall  erase  or  strike  out  therefrom  the 
name  of  any  candidate  he  does  not  wish  to  vote  for  and  write  in  the 
space  provided  the  name  of  his  choice  underneath.  After  preparing 
his  ballot,  the  elector  shall  fold  the  same  so  that  the  face  of  the  ballot 
will  be  concealed,  and  the  signature  or  initials  of  the  judges  of  elec- 
tion may  be  seen.  He  shall  then  hand  the  ballot  to  the  judge  of  elec- 
tion selected  to  take  ballots,  who  shall  number  the  ballot  and  deposit 
it  in  the  ballot  box:  Provided^  that  any  outside  party  shall  have  the 
right  to  challenge  any  voter  whom  he  suspects  to  be  an  illegal  voter, 
and  the  judges  shall  determine  the  right  of  the  party  challenged  to 
vote.     (Laws  1913,  p.  328.) 

Sec.  5901.  One  person  to  occupy  booth. — Not  more  than  one  per- 
son shall  be  permitted  to  occupy  any  one  booth  at  one  time,  and  no 
person  shall  remain  in  or  occupy  a  booth  longer  than  may  be  necessary 
to  prepare  his  ballot,  and  in  no  event  longer  than  five  minutes.  (R.  S. 
1899,  §  7106.) 


BALLOTS,  VOTING  AND   RETURNS.  97 

Sec.  5902.  Spoiling  ballot,  judges  to  furnish  another,  etc. — ^Any 
voter  who  shall  by  accident  or  mistake  spoil  his  ballot,  so  that  he  can- 
not conveniently  vote  the  same,  may  on  returning  said  spoiled  ballot 
to  the  judges  of  election,  receive  another  in  place  thereof;  Provided, 
he  shall  at  once  make  out  and  vote  said  ballot.  Every  person  who 
does  not  vote  any  ballot  delivered  to  him  shall,  before  leaving  the  poll- 
ing place,  return  such  ballot  to  the  judges  of  election  having  charge 
of  the  ballots.     (R.  S.  1899,  §  7107.) 

Sec.  5903.  Illiterate  voter — judge  to  prepare  ballot,  when. — Any 
elector  who  declares  under  oath  to  the  judges  of  election  having 
charge  of  the  ballot  that  he  cannot  read  or  write,  or  that  by  rea- 
son of  physical  disability  he  is  unable  to  mark  his  ballot,  may  de- 
clare his  choice  of  candidates  to  the  judges  having  charge  of  the 
ballots,  who,  in  the  presence  of  the  elector,  shaU  prepare  the  bal- 
lot for  voting  in  the  manner  hereinbefore  provided:  Provided, 
however,  that  the  provisions  of  this  section  shall  not  be  construed 
to  allow  any  judge  or  judges  of  any  election  to  enter  a  booth 
for  the  purpose  of  assisting  any  elector  in  preparing  his  ballot.  Such 
judges,  after  reading  to  the  elector  the  contents  of  the  ballot,  shall, 
without  leaving  their  respective  positions,  prepare  such  ballot  as  the 
elector  may  dictate.     (R.  S.  1899,  §  7108.) 

Sec.  5904.  Ballots  to  be  numbered,  etc. — ^Every  ballot  shall  be 
numbered  in  the  order  in  which  it  shall  be  received.  No  judge  of 
election  shaU  deposit  any  ballot  upon  which  the  names  or  initials  of 
the  judges,  as  hereinbefore  provided  for,  do  not  appear.  (R.  S.  1899, 
§  7109.) 

Sec.  5905.  Duty  of  judges. — The  judge  to  whom  any  ticket  shall 
be  delivered  shall,  upon  receipt  thereof,  pronounce  in  an  audible  voice 
the  name  of  the  voter;  and  if  the  judges  shall  be  satisfied  that  the 
person  offering  to  vote  is  a  legal  voter,  his  ticket  shall  be  numbered 
and  placed  in  the  ballot  box  without  inspecting  the  names  written  or 
printed  thereon,  or  permitting  any  other  person  or  persons  to  do  so; 
and  the  clerks  of  election  shall  enter  the  names  of  voters  and  the  num- 
bers of  the  ballots,  in  the  order  in  which  they  were  received,  in  the 
poll  books,  in  conformity  with  the  form  printed  in  section  5809,  and 
in  addition,  whenever  a  registration  is  required  by  law,  place  on  such 
ballot  the  number  corresponding  with  the  number  opposite  the  name 
of  the  person  voting,  found  on  the  registration  list ;  and  no  ballot  not  so 
numbered  shall  be  counted ;  and  the  ballots,  after  being  counted,  shall 
be  sealed  up  in  a  package  and  delivered  to  the  clerk  of  the  county 
court  or  corresponding  officer  in  any  city  not  within  a  county,  who 
shall  deposit  them  in  his  office,  where  they  shall  be  safely  preserved 
for  twelve  months ;  and  the  said  officer  shall  not  allow  the  same  to  be 
inspected,  unless  in  case  of  contested  elections,  or  the  same  become 
necessary  to  be  used  in  evidence,  and  then  only  on  the  order  of  the 
proper  court,  or  a  judge  thereof  in  vacation,  under  such  restrictions 
for  their  safe  keeping  and  return  as  the  court  or  judge  making  the 
same  may  deem  necessary;  and  at  the  end  of  twelve  months,  said 
officer  shall  publicly  destroy  the  same  by  burning,  without  inspection; 

E    Lr— 7 


98  ELECTION  LAWS. 

and  no  judge  or  clerk  of  an  election  shall  disclose  the  names  of  the 
candidates  voted  for  by  any  voter,  and  any  judge  or  clerk  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  one  hun- 
dred dollars.     (R.  S.  1899,  §  6995.) 

Sec.  5906.  Clerks  shall  enter  votes. — The  clerk  shall  enter  in 
separate  c6lumns,  under  the  names  of  the  persons  so  voted  for,  as 
hereinafter  provided  in  the  form  of  the  poll  books,  all  the  votes  so 
read  by  the  judges  aforesaid.     (R.  S.  1899,  §  6999.) 

Sec.  5907.  Poll  books  shall  be  signed  and  attested. — At  the  close 
of  the  polls  the  poll  books  shall  be  signed  by  the  judges  and  attested 
by  the  clerks,  and  after  the  names  therein  contained  shall  be  counted, 
as  provided,  the  number  shall  be  set  down  at  the  foot  of  the  poll 
books,  in  the  manner  provided  in  the  form  of  the  poll  books.  (R.  S. 
1899,  §  6998.) 

Sec.  5908.  Fraudulent  ballots. — Where  two  or  more  ballots  are 
found  placed  or  folded  together,  such  ballots  shall  be  considered  as 
fraudulent,  and  shall  be  rejected;  and  if  two  or  more  ballots  appear 
corresponding  with  the  same  number,  all  such  ballots  shall  be  rejected 
as  fraudulent :  Provided,  that  where  there  are  two  ballots  correspond- 
ing to  the  same  number,  they  shall  be  counted  where  it  is  obvious 
that  the  similar  numbering  was  due  to  the  oversight  or  mistake  of 
the  election  officers,  and  that  said  ballots  are  otherwise  legal  and 
proper  ones.     (R.  S.  1899,  §  7000,  amended.  Laws  1909,  p.  489.) 

Sec.  5909.  Ballot  fraudulent  in  part. — If  a  ballot  should  be  found 
to  contain  a  greater  number  of  names  for  any  office  than  the  number 
of  persons  required  to  fill  such  office,  it  shall  be  considered  as  fraudu- 
lent as  to  the  whole  of  the  names  designated  to  fill  such  office,  but 
no  further ;  but  no  ballot  shall  be  considered  fraudulent  for  containing 
a  less  number  of  names  than  are  authorized  to  be  inserted.  (R.  S. 
1899,  §  7001.) 

Sec.  5910.  Result  to  be  publicly  proclaimed. — ^After  the  examina- 
tion of  the  ballots  shall  be  completed,  the  whole  number  of  votes  for 
each  person  shall  be  enumerated  under  the  inspection  of  the  judges, 
and  set  down  as  directed  in  the  form  of  the  poll  books  and  be  publicly 
proclaimed  to  the  persons  present.    (R.  S.  1899,  §  7002.) 

Sec.  5911.  Poll  books  to  be  transmitted  to  county  clerk. — At  the 
close  of  each  election,  the  judges  shall  transmit  one  of  the  poll  books, 
by  one  of  their  clerks,  to  the  clerk  of  the  county  court  in  the  county  in 
which  the  election  was  held,  within  two  days  thereafter;  if  the  poll 
books  are  not  returned  in  the  time  provided,  the  clerk  shall  have  the 
power  to  either  send  the  sheriff  or  a  messenger  for  said  books;  the 
other  poll  book  shall  be  retained  in  the  possession  of  the  judges  of 
the  election,  open  to  the  inspection  of  all  persons.  (R.  S.  1899,  § 
7006.) 

Sec.  ,5912.  County  clerk  and  two  justices  to  cast  up  votes. — The 
clerk  of  each  county  court  shall,  within  ^yb  days  after  the  close  of 
each  election,  take  to  his  assistance  two  justices  of  the  peace  of  his 
county,  or  two  judges  of  the  county  court,  and  examine  and  cast  up 


BALLOTS,    VOTING  AND   RETURNS. 


99 


the  votes  given  to  each  candidate,  and  give  to  those  having  the  highest 
number  of  votes  certificates  of  election.     (R.  S.  1899,  §  7007.) 

Sec.  5913.  To  be  done  publicly.— The  clerks,  in  comparing  the 
returns  from  the  several  townships,  shall  do  it  publicly,  in  the  court 
house  of  their  counties,  first  giving  notice  of  the  same,  by  public  procla- 
mation at  the  court  house  door.    (R.  S.  1899,  §  7008.) 

Sec.  5914.  Certificate  shall  include  statement  of  what.— When 
any  person  shall  have  been  elected  a  menuber  of  the  house  of  repre- 
sentatives, the  county  clerk  of  the  county  which  such  person  was 
elected  to  represent,  if  the  person  so  elected  shall  produce  to  him  the 
tax  collector's  receipt  for  the  payment  of  a  state  and  county  tax 
within  one  year  next  preceding  his  election,  shall  include  in  the  cer- 
tificate of  election,  which  he  is  required  by  law  to  give  such  person 
80  elected,  a  statement  that  such  person  has  paid  such  tax,  as  appears 
from  the  receipt  of  the  tax  collector  of  such  county ;  and  if  such  tax 
receipt  be  not  so  produced,  the  clerk  in  said  certificate  shall  so  state. 
(R.  S.  1899,  §  7009.) 

Sec.  5915.  Proceedings  in  case  of  a  tie  in  certain  offices. — If  there 
shall  be  a  tie  of  the  votes  given  for  any  two  of  the  candidates,  except 
in  cases  otherwise  provided  by  law,  the  clerk  or  justices  casting  up 
the  number  of  votes,  or  a  majority  of  them,  shall  issue  their  order  to 
the  sheriff  of  the  county  where  the  same  may  occur,  directing  him 
or  them  to  issue  his  proclamation  for  holding  an  election  agreeably 
to  the  provisions  of  this  chapter;  and  in  all  cases  of  such  special  elec- 
tion, the  clerk  and  justices,  or  a  majority  of  them,  when  they  issue 
the  order  to  the  sheriff,  shall,  in  such  order,  state  the  day  on  which  such 
election  shall  be  held,  giving  reasonable  time  for  the  same  to  be  pro- 
mulgated.    (R.  S.  1899,  §  7027.) 

Sec.  5916.  Duty  of  clerks  in  certifying  election  of  state  senators. 
In  all  senatorial  districts  composed  of  two  or  more  counties,  the 
clerks  of  all  the  counties  shall  transmit  to  the  clerk  of  the  county  first 
named  in  said  district,  within  twelve  days  after  such  election,  a  cer- 
tificate under  their  hands  of  the  number  of  votes  given  for  each  candi- 
date in  each  respective  county;  and  the  clerk  of  the  county  in  which 
any  candidate  resides,  if  such  candidate  shall  produce  to  him  the  tax 
collector's  receipt  for  the  payment  of  a  state  and  county  tax  within 
one  year  next  preceding  such  election,  shall  certify  to  the  clerk  of 
the  county  first  named  that  such  candidate  has  paid  such  tax  as 
appears  from  the  receipt  of  the  tax  collector  of  such  county,  and  if 
such  receipt  be  not  produced,  such  fact  shall  be  certified;  and  the 
clerk  of  the  county  to  which  such  returns  shall  be  made,  after  ex- 
amining the  same,  shall  certify  the  result  to  the  secretary  of  state,  and 
give  to  the  person  having  the  highest  number  of  votes  a  certificate 
of  his  election  under  the  seal  of  his  office;  and  if  it  appear  from  the 
certificate  of  the  clerk  of  the  county  in  which  such  person  resides 
that  such  person  so  elected  has  paid  a  state  and  county  tax  within 
one  year  next  preceding  his  election,  the  clerk  of  the  county  to  which 
such  return  is  made  shall  further  certify  that  such  person  so  elected 
has  paid  such  tax  as  appears  from  the  certificate  of  the  clerk  of 


100  ELECTION   LAWS. 

county,  Missouri,  and  give  such  certificate  to  the  person  so  elected, 
and  if  it  do  not  appear  that  such  tax  has  been  paid,  that  fact  shall 
be  stated.     (R.  S.  1899,  §  7010.) 

Sec.  5917.  Destroying  supplies  of  booths,  etc. — penalty. — No  per- 
son shall,  during  the  election,  remove  or  destroy  any  of  the  supplies 
or  other  conveniences  placed  in  the  booths  as  aforesaid,  for  the  pur- 
pose of  enabling  the  voter  to  prepare  his  ballot.  No  person  shall, 
during  an  election,  remove,  tear  down  or  deface  the  cards  printed  for 
the  instruction  of  voters.  Every  person  willfully  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 
<R.  S.  1899,  §  7112.) 

Sec.  5918.  Officer  neglecting  duty— penalty.— Every  public  officer, 
upon  whom  any  duty  is  imposed  by  this  article,  who  shall  willfully 
neglect  or  omit  to  perform  such  duty,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  im- 
prisonment in  the  county  jail  for  a  term  of  not  less  than  six  months, 
or  by  a  fine  of  not  less  than  two  hundred  and  fifty  and  not  more  than 
three  thousand  dollars,  or  by  both  such  fine  and  imprisonment.  (R. 
S.  1899,  §  7113.) 

Sec.  5919.  Officer  not  to  disclose  vote,  etc. — penalty. — No  officer 
of  election  shall  disclose  to  any  person  the  name  of  any  candidate  for 
whom  any  elector  has  voted.  No  officer  of  election  shall  do  any  elec- 
tioneering on  election  day.  No  person  whatever  shall  do  any  elec- 
tioneering on  election  day  within  any  polling  place,  or  within  one 
hundred  feet  of  any  polling  place.  No  person  shall  remove  any  ballot 
from  any  polling  place  before  the  closing  of  the  polls.  No  person 
shall  apply  for  or  receive  any  ballot  in  any  polling  place  other  than 
that  in  which  he  is  entitled  to  vote.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 
(R.  S.  1899,  §  7114.) 

Sec.  5920.  Failure  to  open  polls  at  proper  time— ^proceedings. — ^In 
case  of  a  failure  of  the  judges  of  elections  appointed  by  the  court  to  ap- 
pear at  the  time  fixed  by  law  for  opening  the  polls,  the  voters  present  at 
any  election  district  to  the  number  of  ten  or  more  may  proceed  to 
elect  judges  to  act  at  such  polls,  whereupon  the  constable  of  said  town- 
ship having  charge  of  the  ballots  shall  deliver  the  same  to  said  judges, 
to  be  used  at  said  election.     (R.  S.  1899,  §  7115.) 

Sec.  5921.  Article  not  to  apply  to  certain  elections. — This  article 
shall  not  apply  to  elections  for  public  offices  determined  otherwise 
than  by  ballot,  to  township  or  village  elections,  to  school  elections,  or 
elections  of  county  commissioners  of  public  schools,  or  elections  for 
road  overseers,  or  to  any  city  election  in  cities  of  the  fourth  class, 
or  city  of  under  3,000  inhabitants  existing  under  any  special  law. 
(R.  S.  1899,  §  7116.) 

Sec.  5922.  Duties  of  clerks  to  be  exercised  by  board  of  election 
commissioners. — The  powers  and  duties  herein  given  to  and  imposed 
upon  the  clerks  of  the  county  courts  of  the  several  counties  shall  be 
exercised  in  reference  to  the  city  of  St.  Louis  and  to  Kansas  City,  ( 


ELECTION   CONTESTS. 


101 


and  to  any  other  city  hereafter  having  a  registration  of  voters,  by  the 
board  of  election  commissioners  of  such  city.     (R.  S.  1899,  §  7117.) 

Sec.  5923.  Application  of  article. — The  provisions  of  this  article 
shall  apply  to  all  the  election  precincts  in  this  state.  (R.  S.  1899, 
S  7118.) 


ARTICLE  VI. 

ELECTION  CONTESTS. 


SECTION 

5924.  Jurisdiction  of  contests — notice  of 

contest,  liow  served. 

5925.  In  contested  case  tlie  person  hold- 

ing certificate  may  qualify  and 
take  office. 

5926.  Contestee   to  give  notice,   when. 

5927.  Parties   allowed  process  and  may 

take  depositions. 

5928.  Contest  to  be  determined  in  a  sum- 

mary manner. 

5929.  Costs,  how  adjudged. 

6930.  Court  may  award  a  new  election, 

when — notice  of. 

6931.  Person  contesting  election  of  mem- 

ber of  legislature  shall  give  no- 
tice. 

6932.  Depositions  to  be  taken,  by  whom. 

6933.  Contestee   failing  to   select  a  jus- 

tice, contestor  may  select  a  sec- 
ond— their   power. 

6934.  Contestee  shall  give  notice  to  ad- 

verse party,  when. 

6935.  Justice   failing  to  attend,   another 

shall  be  selected. 

5936.  Taking    of     depositions     shall     be 

commenced,  when. 

5937.  Deposition  to  be  certified,  to  whom. 

6938.  Irrelevant  testimony  to  be  rejected. 

6939.  County   clerk   to    open,    count   and 

compare   ballots,    etc.,    when. 

6940.  VTrit   to   be   served — clerk   to   give 

notice,   etc. 

6941.  Clerk    to    open    ballots — ^who    may 

be  present. 

6942.  Ballots  may  be  examined  by  whom 

—clerk's       return — to      contain, 
what. 
(943.    Ballots  to  be  resealed. 


SECTION 

5944.  Clerk's  certificate  prima  facie  evi- 

dence. 

5945.  Contested  election  of  governor  and 

lieutenant-governor — how       and 
where  decided. 
5£46.    Contestor    to    present    petition    to 
general  assembly. 

5947.  Joint  committee  appointed,  when— 

their  power. 

5948.  Notice  of  time  and  place  of  taklnc 

depositions. 

5949.  Privilege  of  cross-examination. 

5950.  Report  of  committee— day  for  de- 

cision to  be  fixed. 

5951.  Supreme  court  shall  hear  and  de- 

termine certain  contests. 

5952.  Petition  to  be  presented." 

5953.  Commissioner  to  take  testimony. 

5954.  Commissioner's  power. 

5955.  Commissioner    shall    proceed,    how 

— parties   may   cross-examine. 

Contest  for  office  of  circuit  judge. 

Contest  for  office  of  circuit  Judge 

— proceedings. 
Summons  to  be  issued — returnable, 

when. 

5959.  Contestee  to  answer,  when — ^juris- 

diction. 

5960.  Supreme  court  to  advance  appeal 

on  docket. 

5961.  Shall    be   governed   as   In   contests 

before  supreme  court. 

5962.  Certain  contests  in  St.  Louis. 

5963.  Proceedings,  how  conducted. 

5964.  Circuit  attorney   or   assistant   cir- 

cuit   attorney,    contests,    where 
heard. 

5965.  Proceedings  In  such  cases. 

5966.  Right  of  appeal. 


5956. 
6967. 


6958. 


Sec.  5924.  Jurisdiction  of  contests — notice  of  contest,  how  served. 
The  several  circuit  courts  shall  have  jurisdiction  in  cases  of  contested 
elections  for  county  and  municipal  offices,  and  in  aU  cities  now  hav- 
ing or  hereafter  attaining  three  hundred  thousand  inhabitants,  the 
said  circuit  courts  shall  have  jurisdiction  in  cases  of  contested  elec- 
tions for  justices  of  the  peace,  and  in  cases  of  contested  elections  for 
seats  as  directors  in  the  boards  having  charge  of  the  public  schools 
and  public  school  property,  and  the  county  courts  in  contests  of  town- 
ship offices ;  but  no  election  of  any  such  school  director,  of  any  county. 


102  /•;  :  ^  .^ ' :'  ^  ^ '  •  * ' : :    r  ^   -  election  laws. 


^ 


municipal  or  township  officers,  shall  be  contested  unless  notice  of  such 
contest  be  given  to  the  opposite  party  within  twenty  days  after  the 
votes  shall  have  been  officially  counted;  the  notice  shall  specify  the 
grounds  upon  which  the  contestant  intends  to  rely,  and  if  any  ob- 
jection be  made  to  the  qualifications  of  any  voters,  the  names  of  such 
voters  and  the  objections  shall  be  stated  therein,  and  the  notice  shall 
be  served  fifteen  days  before  the  term  of  court  at  which  the  election 
•shall  be  contested,  by  delivering  a  copy  thereof  to  the  contestee,  or 
by  leaving  such  copy  at  his  usual  place  of  abode,  with  some  member 
of  his  family  over  the  age  of  fifteen  years ;  or,  if  neither  such  contestee 
nor  his  family  can  be  found  in  the  county,  and  service  cannot  there- 
fore be  had  as  aforesaid,  it  shall  be  a  sufficient  service  of  such  notice 
for  the  contestant  to  post  up  a  copy  thereof  in  the  office  of  the  clerk 
•of  the  court  wherein  the  contest  is  to  be  heard.     (R.  S.  1899,  §  7029.) 

Sec.  5925.  In  contested  case  the  person  holding  certificate  may 
qualify  and  take  office. — In  every  case  of  a  pending  contested  election, 
the  person  holding  the  certificate  of  election  may  give  bond,  qualify 
and  take  the  office  at  the  time  specified  by  law,  and  exercise  the  duties 
thereof  until  the  contest  shall  be  decided;  and  if  the  contest  be  de- 
cided against  him,  the  court  or  other  tribunal  deciding  the  same  shall 
make  an  order  for  him  to  give  up  the  office  to  the  successful  party 
in  the  contest,  and  deliver  to  him  all  books,  records,  papers,  property 
and  effects  pertaining  to  the  office,  and  may  enforce  such  order  by 
attachment  or  other  proper  legal  process.    (R.  S.  1899,  §  7030.) 

Sec.  5926.  Contestee  to  give  notice,  when. — If  the  party  having  the 
certificate  shall  desire  to  contest  any  votes  given  to  the  contesting 
party,  he  shall  give  to  him  a  notice  in  writing,  within  twenty  days 
after  the  notice  of  contest  has  been  served  upon  him,  specifying  the 
names  of  such  votes,  with  the  objections  to  them.    (R.  S.  1899,  §  7031.; 

Sec.  5927.  Parties  allowed  process  and  may  take  depositions. — 
The  parties  shall  be  allowed  process  for  witnesses,  and  either  party 
may  take  depositions,  as  in  civil  cases,  to  be  read  as  evidence  on  the 
trial,  as  is  authorized  in  civil  cases.  All  such  depositions  shall  be  filed 
before  the  trial  is  commenced,  and  may  be  read  in  evidence,  although 
the  witnesses  reside  within  forty  miles.     (R.  S.  1899,  §  7032.) 

Sec.  5928.  Contest  to  be  determined  in  a  summary  manner. — 
Every  court  authorized  to  determine  contested  elections  shall  hear  and 
determine  the  same  in  a  summary  manner,  without  any  formal  plead- 
ing; and  the  contest  shall  be  determined  at  the  first  term  of  such 
court  that  shall  be  held  fifteen  days  after  the  official  counting  of  the 
votes,  and  service  of  notice  of  contest,  unless  the  same  shall  be  con- 
tinued by  consent,  or  for  good  cause  shown.     (R.  S.  1899,  §  7033.) 

Sec.  5929.  Costs,  how  adjudged.— In  all  contested  elections,  costs 
may  be  adjudged  against  the  unsuccessful  party,  and  the  payment 
thereof  enforced  as  in  civil  cases.     (R.  S.  1899,  §  7034.) 

Sec.  5930.  Court  may  award  a  new  election,  when— notice  of. — 
In  every  case  of  contested  election,  if  both  parties  consent  thereto, 
the  court  authorized  to  try  the  same  may  award  a  new  election,  to 
be  held  at  some  specified  day  thereafter;  and  at  least  five  days*  notice 


ELECTION  CONTESTS.  103 

of  every  such  special  election  shall  be  given  in  the  township,  county, 
circuit  or  district,  in  such  manner  as  the  court  may  direct.  (R.  S. 
1899,  §  7035.) 

Sec.  5931.  Person  contesting  election  of  member  of  legislature 
shall  give  notice. — If  any  candidate  of  the  proper  county  or  district 
contest  any  election  of  any  person  proclaimed  duly  elected  to  the 
senate  or  house  of  representatives,  such  person  shall  give  notice 
thereof,  in  writing,  to  the  person  whose  election  he  contests,  or  leave 
a  written  notice  thereof  at  the  house  where  such  person  last  resided, 
within  forty  days  after  the  returns  of  the  election  to  the  clerk's  office. 
The  notice  shall  specify  the  names  of  the  voters  whose  votes  are  con- 
tested, the  ground  upon  which  such  votes  are  illegal,  and  a  full  state- 
ment of  any  other  ground  upon  which  such  election  is  contested,  and 
the  name  of  the  justice  of  the  peace  who  will  attend  to  the  taking 
of  the  depositions,  and  when  and  where  he  will  attend  to  take  the 
same.     (R.  S.  1899,  §  7036.) 

Sec.  5932.  Depositions  to  be  taken,  by  whom. — ^It  shall  be  the 
duty  of  the  person  whose  election  is  contested,  to  select  another  jus- 
tice of  the  peace  to  attend  at  the  taking  of  the  depositions  at  the  time 
and  place  specified  in  the  said  notice;  and  when  the  two  justices  as- 
semble at  the  time  and  place  specified  for  taking  depositions,  they 
shall,  unless  it  is  otherwise  agreed  upon  by  the  parties,  select  a  third 
justice  of  the  peace  to  assist  in  taking  said  depositions.  (R.  S.  1899, 
I  7037.) 

Sec.  5933.  Contestee  failing  to  select  a  justice,  contestor  may 
select  a  second — ^their  power. — If  the  party  whose  seat  is  contested 
fail  to  select  a  justice  of  the  peace,  as  provided  for  in  the  preceding 
section,  the  person  contesting  the  same  shall  proceed  to  select  another 
justice  of  the  peace  without  delay,  and  the  two  justices  of  the  peace 
so  selected  by  the  contestor  shall,  in  such  event,  have  fuU  power  and 
authority  to  take  the  depositions  of  all  witnesses  who  may  be  brought 
before  them  to  be  examined.     (R.  S.  1899,  §  7038.) 

Sec.  5934.  Contestee  shall  give  notice  to  adverse  party,  when. — 
The  person  whose  seat  is  contested,  if  he  intend  to  contest  the  legality 
of  any  votes  given  to  the  candidate  who  contests  the  same,  shall, 
within  twenty  days  after  he  is  notified  that  his  election  will  be  con- 
tested, give  to  the  adverse  party  a  similar  notice  to  that  specified  in 
section  5931;  and  the  candidate  to  whom  the  notice  is  given  shall 
proceed  to  select  a  justice  of  the  peace,  in  the  same  manner  as  is  pro- 
vided for  in  section  5932;  and  on  his  failing  to  do  so,  the  party 
given  the  notice  shall,  without  delay,  select  another  justice;  and  the 
two  justices  so  selected  by  the  party  proclaimed  duly  elected  shall 
proceed  to  take  the  depositions  of  such  witnesses  as  may  be  brought 
before  them  to  be  examined:  Provided,  however,  that  either  party 
may,  without  notice,  take  rebutting  testimony  before  the  justices  at 
the  time  and  place  specified  for  the  taking  of  depositions.  (R.  S. 
1899,  §  7039.) 

Sec.  5935.  Justice  failing  to  attend,  another  shall  be  selected. — ^If , 
from  sickness  or  other  cause,  the  justice  of  the  peace  so  selected  by 


104  ELECTION  LAWS. 

either  party  should  fail  to  attend  at  the  time  and  place  specified  for 
taking  depositions,  said  party  shall,  without  delay,  select  some  other 
justice  of  the  peace  to  supply  such  vacancy.    (R.  S.  1899,  §  7040.) 

Sec.  5936.  Taking  of  depositions  shall  be  commenced,  when. — 
The  taking  of  such  depositions  shall  be  commenced  within  forty  days 
from  the  day  of  election,  and  the  said  justices,  or  any  of  them,  shall 
issue  subpoenas  to  all  persons  required  by  either  party,  commanding 
such  persons  to  appear  and  give  testimony  at  the  time  and  place 
therein  mentioned.     (R.  S.  1899,  §  7041.) 

Sec.  5937.  Deposition  to  be  certified,  to  whom. — The  justices  shall 
hear  and  certify  all  testimony  relative  to  such  election  to  the  president 
of  the  senate,  if  the  contest  is  for  a  seat  in  the  senate,  and  to  the 
speaker  of  the  house  of  representatives,  if  for  a  seat  in  such  house. 
(R.  S.  1899,  §  7042.) 

Sec.  5938.  Irrelevant  testimony  to  be  rejected. — ^No  testimony 
shall  be  received  by  the  justices,  senate  or  house  of  representatives, 
on  the  part  of  the  contestor  or  contestee,  which  does  not  relate  to 
the  points  specified  in  the  notice;  a  copy  of  which  notice,  attested  by 
the  person  who  delivered  or  served  the  same,  shall  be  delivered  to 
said  justices,  and  by  them  transmitted  with  the  depositions;  and  no 
testimony  except  that  contained  in  the  depositions  taken  before  the 
justices  shall  be  received  as  evidence,  either  by  the  senate  or  house 
of  representatives.     (R.  S.  1899,  §  7043.) 

Sec.  5939.  County  clerk  to  open,  count  and  compare  ballots, 
etc.,  when. — Either  house  of  the  general  assembly,  or  both  houses  in 
joint  session,  or  any  court  before  which  any  contested  election  may 
be  pending,  or  the  clerk  of  any  such  court  in  vacation,  may  issue  a 
writ  to  the  clerk  of  the  county  court  of  the  county  in  which  the  con- 
tested election  was  held,  commanding  him  to  open,  count,  compare 
with  the  list  of  voters  and  examine  the  ballots  in  his  office,  which 
were  cast  at  the  election  in  contest,  and  to  certify  the  result  of  such 
count,  comparison  and  examination,  so  far  as  the  same  relates  to  the 
office  in  contest,  to  the  body  or  court  from  which  the  writ  is  issued. 
(R.  S.  1899,  §  7044.) 

Sec.  5940.  Writ  to  be  served — clerk  to  give  notice,  etc. — Such 
writ  shall  be  served,  without  delay,  on  such  county  clerk  by  the 
sheriff  of  his  county,  and  on  receipt  of  such  writ  such  clerk  shall  at 
once  fix  a  day,  not  more  than  thirty  days  after  the  date  of  the  receipt 
of  the  writ,  on  which  he  will  proceed  to  open  such  ballots,  and  shall 
cause  notice,  in  writing,  of  the  day  so  fixed  to  be  served  on  the  con- 
testor and  contestee  or  their  attorneys,  at  least  five  days  before  such 
day.  Such  notice  may  be  served  in  the  same  manner  as  a  writ  of 
summons  in  a  civil  action;  but  in  case  either  of  the  parties  and  his 
attorneys  are  not  found  in  the  county  of  such  clerk,  such  notice  may 
be  served  by  posting  the  same  on  the  door  of  the  county  clerk's  office. 
(R.  S.  1899,  §  7045.) 

Sec.  5941.  Clerk  to  open  ballots— who  may  be  present.— On  the 
day  so  fixed  the  clerk  shall  proceed,  in  his  office,  to  open  such  ballots, 
in  the  presence  of  the  contestor  and  contestee  and  their  attorneys,  or 


ELECTION  CONTESTS.  105 

such  of  them  as  demand  to  be  present,  and  after  swearing  them  not  to 
disclose  any  fact  discovered  from  such  ballots,  except  such  as  may- 
be contained  in  the  clerk  *s  certificate.  While  such  ballots  are  open 
and  being  examined,  the  clerk  shall  exclude  all  other  persons  from 
his  office.     (R.  S.  1899,  §  7046.) 

Sec.  5942.  Ballots  may  be  examined  by  whom — clerk's  retiim — 
to  contain  what. — The  clerk  shall  permit  the  contestor  and  contestee 
and  their  attorneys  to  fully  examine  the  ballots,  and  shall  make  return 
to  the  writ,  under  his  hand  and  official  seal,  of  all  the  facts  which 
either  of  said  parties  may  desire,  which  may  appear  from  the  ballots, 
affecting  or  relating  to  the  election  for  the  office  in  contest.  (R.  S. 
1899,  §  7047.) 

Sec.  5943.  Ballots  to  be  resealed. — After  the  examination  of  the 
ballots  is  completed,  the  clerk  shall  again  securely  seal  them  up  as 
they  were,  and  preserve  and  destroy  them  as  provided  by  law,  in 
the  same  manner  as  if  they  had  not  been  opened.    (R.  S.  1899,  §  7048.) 

Sec.  5944.  Clerk's  certificate  prima  facie  evidence. — The  certifi- 
cate of  the  clerk,  made  under  the  provisions  of  article  V  of  this  chap- 
ter, shall  be  prima  facie  evidence  of  the  facts  stated  therein;  but  the 
persons  present  at  the  examination  of  the  ballots  may  be  heard  as 
witnesses  to  contradict  the  certificates.     (R.  S.  1899,  §  7049.) 

Sec.  5945.  Contested  election  of  governor  and  lieutenant-governor 
— ^how  and  where  decided. — ^All  contested  elections  for  governor  or 
lieutenant-governor  shall  be  decided  by  joint  vote  of  both  houses  of 
the  general  assembly.  The  joint  meeting  of  the  two  houses  deciding 
on  such  elections  shall  be  held  in  the  hall  of  the  house  of  representa- 
tives, and  the  president  of  the  senate  shall  preside.  (R.  S.  1899, 
§  7050.) 

Sec.  5946.  Contestor  to  present  petition  to  general  assembly. — 
If  any  person  contest  the  election  of  governor  or  lieutenant-governor, 
he  shall  present  a  petition  to  the  general  assembly,  setting  forth  the 
points  on  which  he  will  contest  the  same,  and  the  facts  which  he  wiU 
prove  in  support  of  these  points,  and  shall  pray  for  leave  to  produce 
his  proof;  and  a  vote  shall  be  taken  in  the  house,  by  yeas  and  nays, 
whether  the  prayer  shall  be  granted.     (R.  S.  1899,  §  7051.) 

Sec.  5947.  Joint  committee  appointed,  when — ^their  power. — ^If 
the  majority  of  the  whole  number  of  votes  of  both  houses  shall  be  in 
the  affirmative,  they  shall  appoint  a  joint  committee  to  take  the  testi- 
mony on  the  part  of  the  petitioner,  and  also  on  the  part  of  the  person 
whose  place  is  contested,  with  the  power  to  send  for  witnesses,  issue 
warrants,  under  the  hand  of  the  chairman,  to  any  judge  or  justice 
of  the  peace,  to  take  the  depositions  of  witnesses  at  such  time  and 
place  as  the  warrant  shall  direct,  which  warrant  shall  mention  the 
points  to  which  the  testimony  is  to  be  taken.     (R.  S.  1899,  §  7052.) 

Sec.  5948.  Notice  of  time  and  place  of  taking  depositions. — 
Reasonable  notice  shall  be  given  by  the  party  in  whose  favor  the 
deposition  shall  be  allowed,  to  the  opposite  party,  of  the  time  and 
place  of  taking  the  same;  and  the  judge  or  justice  shall  proceed  in 
all  things,  in  procuring  the  attendance  of  witnesses,  and  in  taking 


106  ELECTION   LAWS. 

and  certifying  the  testimony,  as  is  directed  in  the  last  preceding 
section.     (R.  S.  1899,  §  7053.) 

Sec.  5949.  Privilege  of  cross-examination. — The  parties  shall  also 
be  allowed  to  attend  the  examination  of  witnesses  before  the  commit- 
tee, and  to  cross-examine  them ;  but  no  testimony  shall  be  taken  except 
on  points  set  forth  in  the  petition.     (R.  S.  1899,  §    7054.) 

Sec.  5950.  Report  of  committee — day  for  decision  to  be  fixed. — 
The  committee  shall  report  the  facts  to  the  house,  and  a  day  shall  be 
fixed  by  a  joint  resolution  for  the  meeting  of  the  two  houses,  to 
decide  upon  the  same,  in  which  decision  the  ayes  and  nays  shall  be 
taken  by  the  secretary  of  the  senate  and  clerk  of  the  house,  re- 
spectively, and  shall  be  entered  upon  the  journals.  (R.  S.  1899,  § 
7055.) 

Sec.  5951.  Supreme  court  shall  hear  and  determine  certain  con- 
tests.— All  contested  elections  for  judge  of  the  supreme  court,  judges 
of  the  St.  Louis,  Springfield  and  Kansas  City  courts  of  appeals,  super- 
intendent of  public  schools,  secretary  of  state,  state  auditor,  state 
treasurer,  railroad  and  warehouse  commissioner  and  attorney-general, 
shall  be  heard  and  determined  by  the  supreme  court :  Provided,  that 
no  judge  of  said  court,  who  is  a  contestant  or  contestee  in  such  elec- 
tion shall  be  permitted  to  hear  and  determine  the  same.  (R.  S.  1899, 
§  7056,  amended.  Laws  1911,  p.  243.) 

Sec.  5952.  Petition,  to  be  presented. — If  any  person  contest  the 
election  of  any  officer  named  in  the  preceding  section,  he  shall  present 
a  petition  to  the  supreme  court  at  the  first  term  held  next  after  the 
election,  or  to  any  three  judges  thereof  in  vacation,  within  forty  days 
after  such  election,  setting  forth  the  points  on  which  he  will  contest 
the  same  and  the  facts  which  he  will  prove  in  support  of  such  points, 
and  shall  pray  for  leave  to  produce  his  proof.  The  contestee  shall  be 
served  with  a  copy  of  such  petition,  and  a  notice  of  the  time  and  place 
of  the  presentation  of  the  same,  ten  days  before  the  same  shall  be 
presented,  and  the  contestee  may,  upon  the  presentation  of  such  peti- 
tion, file  his  answer  thereto,  specifying  reasons  why  his  election  should 
not  be  contested.    (R.  S.  1899,  §  7057.) 

Sec.  5953.  Commissioner  to  take  testimony. — Upon  the  presenta- 
tion of  such  petition  and  answer,  if  one  be  made,  the  supreme  court, 
or  any  three  judges  thereof,  to  whom  the  same  may  be  presented  in 
vacation,  shall  forthwith  appoint  a  commissioner  to  take  the  testimony 
on  the  part  of  the  petitioner,  and  also  on  the  part  of  the  person  whose 
place  is  contested,  at  such  times  and  places  as  such  court  or  said  three 
judges  thereof  in  vacation  shall  by  order  direct,  which  order  shall 
specify  the  points  and  facts  in  regard  to  which  the  testimony  is  to 
be  taken,  and  further  specify  the  time  when  the  commissioner  shall 
make  his  report  to  the  court,  or  to  said  three  judges  thereof  in  vaca- 
tion.   (R.  S.  1899,  §  7058.) 

Sec.  5954.  Commissioner's  power. — The  commissioner,  by  virtue 
of  his  authority,  shall  have  power  to  administer  oaths  and  take  depo- 
sitions and  compel  the  attendance  of  witnesses  by  summons  and 
attachment,  and  to  require  them  to  testify.     (R.  S.  1899,  §  7059.) 


ELECTION  CONTESTS.  107 

Sec.  5955.  Commissioner  shall  proceed,  how — ^parties  may  cross- 
examine. — The  commissioner  shall  proceed  in  all  things  in  procuring 
the  attendance  of  witnesses,  and  in  taking  and  certifying  testimony, 
as  directed  in  the  preceding  section.  The  contestor  and  contestee  shall 
have  the  right  to  attend  the  examination  of  the  witnesses  before  said 
commissioner,  and  cross-examine  them;  but  no  testimony  shall  be 
taken,  except  on  the  points  and  as  to  the  facts  specified  in  the  order 
of  the  court,  or  of  the  said  judges  thereof  in  vacation.  (R.  S.  1899, 
§  7060.) 

Sec.  5956.  Contest  for  office  of  circuit  judge. — ^All  contested  elec- 
tions for  judge  of  the  circuit  court  shall  be  heard  and  determined 
before  the  circuit  judge  of  an  adjoining  judicial  circuit,  whose  place 
of  residence  is  nearest  to  the  residence  of  the  contestee.  (R.  S.  1899, 
§  7061.) 

Sec.  5957.  Contest  for  office  of  circuit  judge— proceedings.~If 
any  person  contests  the  election  of  judge  of  the  circuit  court,  he  shall, 
within  forty  days  after  the  election,  file,  in  the  office  of  the  clerk  of 
the  circuit  court  of  the  county  in  which  the  contestee  resides,  a  pe- 
tition, setting  forth  the  points  on  which  he  will  contest  the  same  and 
the  facts  which  he  will  prove  in  support  of  such  points,  and  shall  pray 
for  leave  to  produce  his  proofs.     (R.  S.  1899,  §  7062.) 

Sec.  5958.  Summons  to  be  issued — ^returnable,  when. — The  clerk 
of  the  said  circuit  court  shall  issue  summons  upon  said  petition,  im- 
mediately upon  the  filing  thereof,  which  shall  in  aU  respects  be  as 
near  as  may  be,  the  same  as  an  ordinary  summons,  returnable  to  the 
next  term  of  the  circuit  court  of  the  said  county :  Provided,  that  such 
next  term  shall  not  be  within  thirty  days,  and  if  the  next  term  of  the 
said  court  is  within  thirty  days  of  the  filing  of  said  petition,  then  it 
•hall  be  returnable  to  the  second  term  thereafter;  the  said  summons 
■hall  be  served  by  delivering  a  copy  thereof  with  a  copy  of  the  pe- 
tition to  the  contestee  or  by  leaving  the  same  with  a  member  of  his 
family  over  the  age  of  fifteen  years  at  his  usual  place  of  abode,  or 
if  the  said  contestee  shall  not  be  in  the  said  county,  the  said  summons 
may  be  served  by  posting  a  copy  thereof,  together  with  a  copy  of  the 
petition,  in  the  office  of  the  clerk  of  said  circuit  court.  (R.  S.  1899, 
§  7063.) 

Sec.  5959.  Contestee  to  answer,  when— jurisdiction. — Such  con- 
testee shall  answer  said  petition  within  thirty  days  after  the  serving 
thereof,  specifying  reasons  why  his  election  should  not  be  contested, 
and  upon  the  filing  of  said  answer,  the  said  clerk  shall  immediately 
notify  the  judge  of  the  circuit  court,  whose  residence  is  nearest  to  the 
said  court  where  the  contest  is  filed,  of  the  filing  of  said  petition  and 
answer,  and  the  said  judge  shall  be  possessed  of  said  cause  and  have 
jurisdiction  to  try  the  same  and  may  at  once  appoint  a  commissioner 
to  take  testimony  in  the  same  way  and  manner  as  provided  for  con- 
test of  state  officers.  Upon  the  hearing  of  said  contest,  either  party 
may  appeal  from  the  judgment  of  the  circuit  court  to  the  supreme 
court  in  the  same  way  and  manner  as  in  ordinary  civil  cases.  (R.  S. 
1899,  §  7064.) 


108  ELECTION   LAWS. 

Sec.  5960.  Supreme  court  to  advance  appeal  on  docket. — ^Upon 
any  appeal  being  filed  in  the  supreme  court,  it  shall  be  the  duty  of  the 
supreme  court  to  advance  it  for  immediate  hearing  and  determination, 
and  during  the  pendency  of  such  appeal  the  contestee  shall  continue 
to  discharge  his  duties  of  office  as  though  no  contest  was  pending. 
Security  for  cost  may  be  required  the  same  as  in  civil  cases.  (R.  S. 
1899,  §  7065.) 

Sec.  5961.  Shall  be  governed  as  in  contests  before  supreme  court. 
The  provisions  of  sections  5952,  5953,  5954  and  5955,  concerning 
contests  and  proceedings  therein  in  the  supreme  court  and  before  the 
judges  thereof,  shall  be  applicable  to  and  shall  govern  contests  for 
the  office  of  circuit  judge,  and  proceedings  therein  in  the  circuit 
courts,  and  before  the  judges  thereof.     (R.  S.  1899,  §  7066.) 

Sec.  5962.  Certain  contests  in  St.  Louis. — All  contested  elections 
for  judge  of  the  criminal  or  probate  court  of  St.  Louis  city  shall  be 
heard  and  determined  by  the  circuit  court  of  that  city.  (R.  S.  1899, 
§  7067.) 

Sec.  5963.  Proceedings,  how  conducted. — ^All  proceedings  for 
contesting  elections,  as  provided  for  in  the  preceding  section,  shall  be 
conducted  in  all  respects  as  provided  for  contesting  elections  of  judges 
of  circuit  courts.     (R.  S.  1899,  §  7068.) 

Sec.  5964.  Circuit  attorney  or  assistant  circuit  attorney,  contests, 
where  heard. — If  any  election  of  any  circuit  attorney  or  assistant 
circuit  attorney  be  contested,  such  contest  shall  be  heard  and  deter- 
mined by  the  circuit  court  of  the  county  or  city  wherein  either  con- 
testant or  contestee  resides.     (R.  S.  1899,  §  7069.) 

Sec.  5965.  Proceedings  in  such  cases. — ^All  proceedings  for  con- 
testing elections  of  circuit  attorney,  or  assistant  circuit  attorney,  shall 
be  conducted  in  all  respects  as  provided  for  contesting  elections  of 
judges  of  circuit  courts.     (R.  S.  1899,  §  7070.) 

Sec.  5966.  Right  of  appeal.— In  all  cases  of  contested  elections 
the  right  of  appeal  shall  exist,  and  appeals  may  be  taken  in  the  same 
time  or  manner  and  to  the  same  courts  as  is  or  may  be  provided  by 
law  with  respect  to  appeals  in  ordinary  civil  actions;  and  writs  of 
error  shall  lie  in  such  cases  as  in  civil  actions.  In  every  such  case  of 
appeal  a  bond  with  sufficient  sureties  shall  be  given,  conditioned  for 
the  payment  of  the  costs  accrued  and  to  accrue  in  the  cause ;  and  a  new 
bond  shall  be  given  when  required  by  any  court  in  which  the  cause 
may  be  pending.     (R.  S.  1899,  §  7071.) 


CONSTITUTIONAL  AMENDMENTS.  109 

ARTICLE  Vn. 

CONSTITUTIONAL,  AMENDMKNTS. 

SECTION  I   SECTION 

5967.  Secretary    of    state    to    certify    to         5970.    Amendments  to  be  numbered. 

county  clerksL  I     5971.    Vote    to    be    by    ballot — form  ot 

5968.  Publication    of,    and    posting    no-    |  same — method  of  voting. 

tices  of  amendments.  5972.    Election    conducted,    how — retuma 

5969.  Secretary    of    state    to    designate  certified,  how. 

newspapers — how  paid.  J     5973.    Proceedings  after  election. 

Sec.  5967.  Secretary  of  state  to  certify  to  county  clerk. — When- 
ever a  proposed  constitutional  amendment  or  other  question  is  to  be 
submitted  to  the  people  of  the  state  for  popular  vote,  the  secretary  of 
state  shall  duly,  and  not  less  than  twenty  days  before  the  election, 
certify  the  same  to  the  clerk  of  each  county  court  of  the  state,  and 
the  clerk  of  each  county  court  shall  include  the  same  in  the  publica- 
tion provided  in  section  5851.  (R.  S.  1899,  §  7094,  amended.  Laws 
1909,  p.  490.) 

Sec.  5968.  Publication  of,  and  posting  notices  of  amendments. — 
All  amendments  proposed  to  the  Constitution  of  the  state  of  Mis- 
souri by  the  general  assembly  shall  be  published  with  the  laws  of  the 
session  at  which  they  are  proposed,  and  also  in  some  newspaper,  if  such 
there  be,  in  each  county  in  the  state  for  four  consecutive  weeks  next 
preceding  the  general  elections  then  next  ensuing,  and  two  or  more 
copies  of  such  amendments,  printed  in  great  primer  poster  type,  shall 
be  posted  at  each  voting  place  for  the  information  of  voters;  such 
copies  shall  be  furnished  by  the  secretary  of  state  to  the  county  clerks 
of  each  county,  who  shall  have  the  same  duly  posted  at  each  voting 
place  in  his  county  on  the  morning  of  the  election  day  on  which  said 
amendments  are  to  be  voted  on.     (R.  S.  1899,  §  7119.) 

Sec.  5969.  Secretary  of  state  to  designate  newspapers — ^how  paid. 
The  secretary  of  state  shall  designate  in  what  newspaper  in  each  county 
said  proposed  amendments  shall  be  published,  and  the  claim  due  the 
publisher  of  such  newspaper  for  such  publication  and  the  costs  of 
publishing  the  copies  of  the  amendments  hereinbefore  provided  for, 
shall  be  certified  by  the  secretary  of  state  to  the  state  auditor,  who 
shall  draw  his  warrant  on  the  state  treasurer  therefor,  payable  out 
of  any  money  in  the  treasury  not  otherwise  appropriated.  (R.  S.  1899, 
§  7120.) 

Sec.  5970.  Amendments  to  be  numbered. — Whenever  any  gen- 
eral assembly  shall  propose  more  than  one  constitutional  amendment, 
such  amendments  shall  be  numbered  by  the  secretary  of  state  in  the 
order  in  which  they  are  passed,  as  ''first  constitutional  amendment," 
''second  constitutional  amendment,*'  and  so  on.     (R.  S.  1899,  §  7121.) 

Sec.  5971.  Vote  to  be  by  ballot — ^form  of  same — ^method  of  voting. 
The  vote  on  a  proposition  to  call  a  constitutional  convention,  or  on 
the  adoption  of  a  new  constitution,  or  on  any  proposed  constitutional 
amendment  or  amendments,  shall  be  taken  by  ballot.  Such  amend- 
ments shall  be  designated  on  each  ballot  by  their  respective  numbers 
as  arranged  by  the  secretary  of  state.     If  a  proposition  to  call  a 


110  ELECTION   LAWS. 

constitutional  convention  is  submitted,  each  ballot  shall  have  printed 
therein  the  words  ''Constitutional  convention,"  with  ''yes"  and  "no" 
to  the  right  thereof,  one  above  the  other.  If  the  adoption  of  a  new 
constitution  is  submitted,  each  ballot  shall  have  printed  thereon  the 
words  "New  constitution,"  with  "yes"  and  "no"  to  the  right  thereof, 
one  above  the  other.  If  but  one  amendment  has  been  proposed,  each 
ballot  shall  have  printed  thereon  the  words  "Constitutional  amend- 
ment," followed  by  the  full  text  or  contents  thereof,  and  to  the  right 
thereof  at  right  angles  with  the  length  of  the  ballot,  in  bold  type,  the 
words  "yes"  and  "no,"  one  above  the  other.  But  if  more  than  one 
amendment  has  been  proposed,  then  each  ballot  shall  have  printed 
thereon  the  words  "First  constitutional  amendment,"  setting  out  the 
full  text  of  the  amendment  proposed  thereunder  and  to  the  right  there- 
of at  right  angles  with  the  length  of  the  ballot  in  bold  type  the  words 
"yes"  and  "no,"  one  above  the  other.  "Second  constitutional  amend- 
ment," setting  out  the  full  text  of  the  amendment  thereunder  and  to 
the  right  thereof  at  right  angles  with  the  length  of  the  ballot  in  bold 
type  the  words  "yes"  and  "no,"  one  above  the  other,  and  so  on, 
designating  in  numerical  order  each  amendment.  The  voter  may  erase, 
as  the  case  may  be,  the  words  "yes"  and  "no"  to  conform  the  ballot 
to  the  vote  he  desires  to  cast  on  the  proposition  voted  on.  The  secre- 
tary of  state  shall  certify  to  the  different  county  clerks  or  other 
proper  officers  the  form  of  the  ballot,  which  shall  also  state  or  indicate 
the  character  or  nature  of  the  proposed  constitutional  amendment  or 
amendments  to  be  voted  on,  which  statement  indicating  the  character 
or  nature  of  any  proposed  constitutional  amendment  shall  be  printed 
upon  a  separate  ballot  and  be  designated  "Constitutional  ballot." 
Ballots  not  printed  or  prepared  as  herein  required  shall  not  be  counted 
on  the  proposition  thereby  submitted.  The  constitutional  ballot  shall 
not  be  less  than  four  inches  wide  and  ten  inches  long,  of  the  same  kind 
of  paper,  color  and  of  equal  size.  Every  other  proposition  to  be  sub- 
mitted at  the  general  election  shall  be  proposed  and  submitted  on  the 
"Constitutional  ballot"  as  herein  provided,  if  constitutional  amend- 
ments are  submitted  at  said  election  or  not ;  except  propositions  affect- 
ing a  single  county  or  any  of  its  legal  subdivisions,  which  measures 
shall  be  proposed  and  submitted  on  the  official  ballot  containing  the 
names  of  the  candidates  to  be  voted  for  at  said  election.  The  clerk  of 
the  county  court  of  each  county  shall  provide  for  each  district  in  his 
county,  and  the  election  commissioners  for  each  election  district  in 
their  city,  a  separate  ballot  box  for  the  deposit  and  reception  of  the 
constitutional  ballots.  To  vote  for  or  against  constitutional  amend- 
ments, or  other  subjects  if  any  are  submitted,  the  voter  shall  erase  or 
strike  out  the  word  "no"  if  he  is  in  favor  of  the  particular  amendment 
or  proposition  and  the  word  "yes"  if  he  is  opposed  to  the  same.  In 
all  other  respects  the  law  governing  the  printing,  distributing  of  bal- 
lots, the  number  to  be  distributed,  and  the  manner  of  voting  ballots 
at  a  general  election  shall  apply  to  "Constitutional  ballots"  where 
not  in  conflict  with  this  section.  (R.  S.  1899,  §  7122,  amended.  Laws 
1909,  p.  492,  Laws  1913,  p.  329.) 


PRIMARY   ELECTIONS,    COUNTIES   OVER    100,000.  Ill 

Sec.   6972.    Election  conducted,   how— returns  certified,   how.— 

The  election  on  such  proposed  constitutional  convention,  on  the  adop- 
tion of  a  new  constitution,  or  any  constitutional  amendment  or  amend- 
ments, shall  he  conducted  and  the  returns  made  thereof  to  the  several 
county  clerks,  and  shall  by  them  be  certified  to  the  secretary  of  state, 
as  provided  by  law  in  cases  of  the  election  of  state  officers.  (R.  S. 
1899,  §  7123.) 

Sec.  5973.  Proceedings  after  election. — ^If,  upon  such  returns  so 
made  to  the  secretary  of  state,  it  is  found  that  there  is  a  majority  of 
the  qualified  voters  of  the  state  voting  for  and  against  any  one  of  said 
amendments,  in  favor  of  such  amendments,  the  same  shall  be  deemed 
and  taken  to  have  been  ratified  by  the  people,  and  the  secretary  of 
state  shall  certify  the  result  of  such  vote  to  the  governor,  who  shall 
thereupon,  without  unnecessary  delay,  issue  his  proclamation  declaring 
such  amendment  ratified  by  a  majority  of  the  qualified  voters  of  this 
state,  and  valid  and  binding  to  all  intents  and  purposes  as  a  part  of  the 
constitution  of  the  state  of  Missouri.     (R.  S.  1899,  §  7124.) 


ARTICLE  Vm. 

PRIMARY  ELECTIONS  IN  COUNTIES  HAVING  OVER  100.000  INHABITANTS. 


SECTION 

5979.  Punishment  of  candidates  for  of- 
fering bribes. 

5980.  Proceedings   to   secure   benefits   of 
this  article. 

5981.  Expenses  not  to  be  paid  by  state  or 
county. 


SECTION 

6974.  Primary  elections,  how  ordered. 

6975.  Notice,  how  given. 

6976.  Judges  of  election   to   be   sworn — 

clerks. 

6977.  Duties  of  Judges. 

6978.  Voting  more  than  once,  how  pun- 

ished. 

Sec.  5974.  Primary  elections,  how  ordered. — ^All  elections  here- 
after to  be  holden  by  any  voluntary  political  association  or  party,  in 
counties  having  over  one  hundred  thousand  inhabitants,  for  any  dele- 
gates or  managing  committee,  or  for  the  nomination  of  candidates  for 
public  office,  may  be  called  or  ordered  by  published  notice,  upon  the 
vote  of  a  majority  of  the  county,  city  or  township  central  or  controlling 
committee  of  such  voluntary  political  association  or  party  of  the 
county,  city  or  township  which  may  elect  to  accept  the  provisions 
of  this  article,  which  shall  state  the  purpose,  time,  manner,  conditions, 
together  with  the  place  or  places  of  holding  such  election;  also,  the 
authority  by  which  the  call  or  notice  is  published;  and  three  persons 
shall  be  named  therein  to  act  as  judges  of  said  election,  who  are  to 
supervise  or  preside  at  such  poll  where  such  election  is  to  be  holden; 
and  the  said  persons  shall  be  legal  voters  of  the  township,  precinct, 
ward  or  election  district  for  which  they  are  named;  said  notice  shall 
likewise  declare  the  qualifications  of  the  persons  to  vote  at  such  elec- 
tion :  Provided,  that  such  prescribed  qualifications  shall  not  be  incon- 
sistent with  those  expressed  in  this  article.     (R.  S.  1899,  §  7163.) 

Sec.  5975.  Notice,  how  given. — The  notice  required  by  section 
5974  of  this  article  shall  be  published  in  some  newspaper  or  news- 
papers of  general  circulation,  printed  in  the  district,  ward,  precinct, 
township,  city  or  county  for  which  the  election  is  called,  and  shall 
be  posted  in  at  least  three  public  places  in  the  polling  precinct  of  such 
election  at  least  five  days  prior  thereto.     (R.  S.  1899,  §  7164.) 


112  ELECTION   LAWS. 

Sec.  5976.  Judges  of  election  to  be  sworn — clerks. — The  persons 
named  as  judges  of  election  in  the  notice  required  by  section  5974  of 
this  article,  or  any  persons  in  their  absence  or  refusal  to  serve,  assum- 
ing or  chosen  to  be  such  judges  of  the  election  aforesaid,  shall  first  be 
sworn  or  affirmed  by  some  officer  authorized  to  administer  oaths,  that 
they  are  legal  voters  of  the  precinct,  ward  or  district  in  which  such 
election  is  to  be  held,  that  they  will  faithfully  and  correctly  conduct 
such  election,  protect  it  against  all  frauds  and  unfairness,  carefully  and 
truly  canvass  all  votes  cast  thereat,  in  such  manner  as  may  be  required 
by  the  authority  appointing  the  election ;  and  if  any  one  or  all  of  the 
judges  appointed  to  hold  the  election  be  absent  or  refuse  to  serve  at 
the  hour  appointed  for  the  election  to  begin,  then  the  electors  present, 
to  the  number  of  not  less  than  five,  possessing  the  qualifications  of 
persons  entitled  to  vote  at  said  elections,  shall  choose  a  person  or  per- 
sons to  fill  any  vacancy  that  may  exist  from  any  of  the  causes  afore- 
said ;  and  the  judges,  before  proceeding  with  the  election,  shall  appoint 
two  clerks  to  assist  them  in  receiving  and  counting  the  votes  cast,  to 
each  of  whom  shall  be  administered,  by  one  of  the  judges,  a  similar 
oath  to  that  taken  by  the  judges  of  the  election;  and  any  violation 
of  the  provisions  of  this  section  shall  be  deemed  a  misdemeanor,  and 
shall,  on  conviction,  subject  the  offender  to  punishment  by  fine  of  not 
less  than  fifty  dollars  or  more  than  two  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  less  than  one  nor  more  than  six 
months,  or  by  both  such  fine  and  imprisonment.     (R.  S.  1899,  §  7165.) 

Sec.  5977.  Duties  of  judges.— It  shall  be  the  duty  of  the  judges  of 
such  election  to  entertain  objections  made  by  any  qualified  elector 
under  said  published  call  or  notice,  to  any  vote  that  may  be  offered, 
on  the  ground  that  the  person  offering  it  is  not  entitled  to  vote  under 
the  terms  of  said  call  for  the  said  election,  or  that  he  is  not  a  citizen 
of  the  United  States,  a  legal  resident  and  voter  of  the  election  pre- 
cinct, ward,  township  or  district,  or  that  he  has  received  or  been 
promised,  directly  or  indirectly,  any  money,  fee  or  reward  for  his  vote 
from  any  candidate,  or  that  he  has  voted  before  at  that  place,  or 
some  other,  on  that  day,  in  the  same  election.  And  it  shall  be  the 
duty  of  one  of  the  judges  of  the  election,  if  such  objection  be  not  with- 
drawn, to  administer  to  the  person  so  offering  to  vote  an  oath  or 
affirmation  to  the  general  effect  that  he  will  truly  testify  to  all  matters 
relating  to  his  said  qualifications  under  said  published  call,  his  resi- 
dence, citizenship  of  the  United  States,  receiving  or  being  promised, 
directly  or  indirectly,  any  money,  fee  or  reward  for  his  vote  from 
any  candidate,  and  whether  he  has  voted  at  that  or  other  place  on 
that  day  at  such  election.  It  shall  then  be  the  duty  of  one  of  the 
judges  of  the  election  to  interrogate  the  person  so  objected  to  as  to 
all  matters  in  particular,  upon  which  said  objection  was  made,  and 
generally  as  to  all  of  said  qualifications.  If  the  persons  so  objected 
to  shall  refuse  to  answer  any  questions,  after  said  oath  or  affirmation 
shall  have  been  administered,  it  shall  be  the  duty  of  the  judges  to 
reject  said  vote ;  but  if  such  oath  be  taken  and  such  questions  be  an- 
swered satisfactorily  and  not  contradicted  successfully  by  the  sworn 
testimony  of  other  witnesses  who  may  be  called,  it  shall  be  the  duty 


PRIMARY   ELECTIONS,   COUNTIES   OVER    100,000.  113 

of  the  judges  of  the  election  to  admit  the  vote  sworn  to  be  qualified 
according  to  the  terms  of  the  call  and  the  provisions  of  this  article, 
having  the  word  ''sworn'*  noted  opposite  the  party's  name  on  the 
poll  list;  and  any  violation  of  the  provisions  of  this  section  by  the 
judges  of  election  shall  be  deemed  a  misdemeanor,  and  shall,  on  con- 
viction, subject  the  party  offending  to  punishment  as  prescribed  in 
section  5976  of  this  article.  And  any  person  who  shall,  upon  taking 
such  oath  or  affirmation,  and  under  the  examination  herein  authorized, 
willfully  make  a  false  statement  to  a  matter  pertinent  and  material 
in  such  examination,  shall  be  deemed  guilty  of  the  crime  of  perjury, 
and,  on  conviction,  be  punished  as  prescribed  by  law.  (R.  S.  1899,  § 
7166.) 

Sec.  5978.  Voting  more  than  once,  how  punished. — Any  person 
who  is  not  a  citizen  of  the  United  States,  or  who  is  not  qualified  to  vote 
in  the  county,  township,  ward  or  election  precinct  wherein  the  election 
is  held  at  the  next  coming  state,  county,  municipal  election,  or  any 
person  who  shall  vote  after  objection  is  made  and  sustained,  as  speci- 
fied in  section  5977,  or  any  person  who  shall  vote  more  than  once  at 
the  same  or  different  precinct  or  polls  in  the  same  day,  in  the  same 
election,  whether  such  objection  be  made  or  not,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars,  and  by  imprisonment  in  the  county  jail 
not  less  than  ten  nor  more  than  thirty  days.     (R.  S.  1899,  §  7167.) 

Sec.  5979.  Punishment  of  candidates  for  offering  bribes. — ^Any 
candidate  or  other  person  who  shall  offer  any  money,  fee  or  reward, 
directly  or  indirectly,  to  any  elector  to  influence  his  vote  at  any  elec- 
tion held  under  the  provisions  of  this  article,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  on  conviction,  be  subject  to  the  same 
punishment  prescribed  in  section  5976  of  this  article,  and  any  person 
who  shall  endeavor,  by  threat  or  otherwise,  to  intimidate  any  elector 
or  any  judges  of  election,  or  shall  interfere  or  disturb  in  any  manner 
any  election  held  under  the  provisions  of  this  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shaU  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars,  and  imprisonment  in  the 
county  jail  not  less  than  twenty  nor  more  than  thirty  days.  (R.  S. 
1899,  §  7168.) 

Sec.  5980.  Proceedings  to  secure  benefits  of  this  article. — ^Any 
voluntary  political  association  or  party  in  any  county  of  over  one  hun- 
dred thousand  inhabitants,  that  shall  elect  to  invoke  the  protection 
and  subject  itself  to  the  provisions  of  this  article,  shall,  at  the  time  of 
publication  of  notice  provided  for  in  section  5974,  declare  that  such 
election  therein  called  will  be  held  in  pursuance  of  and  subject  to  the 
provisions  of  this  article  under  the  title  of  ''primary  election  law;" 
and  in  the  event  such  notice  last  aforesaid  shall  be  published,  and  not 
otherwise,  the  provisions  of  this  article  shall  be  applicable  and  in  force 
in  respect  to  said  election.     (R.  S.  1899,  §  7169.) 

Sec.  5981.  Expenses  not  to  be  paid  by  state  or  county. — No  ex- 
pense shall  be  incurred  to  the  county  or  state  in  the  conduct  of  elec- 
tions under  the  provisions  of  this  article.     (R.  S.  1899,  §  7170.) 


114 


ELECTION  LAWS. 


AETICLE  IX. 

FRIMART  ELECTIONS  IN  COUNTIES  HAVING  OVER  176,000  AND  LESS  THAN 

300,00«  INHABITANTS. 


1913. 

1914. 
1915. 


SECTION 

5990.  Certificate,  by  whom  Issued— con- 
troversies,   how   determined. 

5991.  Delegate*  holding  certificates  to 
be  entitled  to  seats  in  conven- 
tion— meeting  called  to  order,  by 
whom. 

5992.  Ballot  boxe«  to  be  furnished,  by 
whom — poll  books  and  registra- 
tion lists. 

5993.  Judges  and  clerks  to  be  appointed 
by  central   committee,   when. 

5994.  Central  committee  to  make  rules 
and  regulations. 

5995.  Delegates  at  large,  how  chosen. 

5996.  Penalties. 

5997.  Inconsistent  laws  repealed. 


8BCTION 
i9S2.    Primary  to  be  called  by  publislied 
notice. 
Notice  of  primary  to  be  published, 

how   long — contents  of  notice. 
Time  of  holding  primary. 
Who  eligible  to  vote — penalty  for 
illegal  voting. 
i9S€.    Committee  to  divide  wards — locate 
polling  places — duties  of  county 
courts. 
6987.    Apportionment  of  delegates — ^basls 

of  representation. 
K9S8.    Filing    delegations — delegation    by 

petitions-duties  of  committee. 
5989.    Judges  and   clerks,   how   named — 
opening    of    polls — ballots,    how 
marked — ballot     boxes — returns, 
etc. 

Sec.  5982.  Primary  to  be  called  by  published  notice. — ^All  primary 
elections  hereafter  holden  by  any  voluntary  political  association  or 
party,  having  polled  at  least  one-fourth  of  the  total  vote  cast  at  the 
next  preceding  general  election  in  counties  which  now  or  may  here- 
after have  over  one  hundred  and  seventy-five  thousand  and  less  than 
three  hundred  thousand  inhabitants  for  delegates  to  any  convention 
or  the  selection  of  a  managing  committee  or  for  the  nomination  of 
candidates  for  public  office  by  a  direct  vote  of  the  people,  except 
delegates  to  a  city  or  congressional  convention,  shall  be  called  or 
ordered  by  published  notice  upon  the  vote  of  a  majority  of  the  county 
central  or  controlling  committee  of  such  voluntary  political  associa- 
tion or  party.     (Laws  1909,  p.  165.) 

See  general  primary  election  law,  Art.  4  of  this  chapter. 

Sec.  5983.  Notice  of  primary  to  be  published,  how  long — contents 
of  notice. — At  least  sixty  days  prior  to  the  regular  state  and  county 
elections,  and  at  least  twenty  days  prior  to  any  convention  to  which 
delegates  are  to  be  elected,  said  county  central  or  controlling  com- 
mittee shall  cause  to  be  published  for  at  least  five  consecutive  days 
in  at  least  two  daily  newspapers  of  general  circulation,  printed  in  the 
English  language,  at  least  one  of  which  shall  be  printed  in  the  largest 
city  in  such  county,  a  notice  which  shall  state  the  purpose  of  such 
primary,  and  the  time  for  holding  the  same,  the  location  of  the  various 
voting  places  for  such  primary,  the  number  of  delegates  to  which  each 
ward  or  election  district  is  entitled,  and  the  time  and  place  at  which 
delegates  and  the  names  of  candidates  may  be  filed.  (Laws  1901, 
p.  165,  amended,  Laws  1903,  p.  193.) 

Sec.  5984.  Time  of  holding  primary. — All  primary  elections  shall 
be  held  at  least  forty  days  before  any  general  election,  and  at  least 
three  days  before  any  convention  to  which  delegates  are  to  be  elected 
at  said  primary  election.     (Laws  1901,  p.  165.) 


PRI3kL\RY   ELECTIONS   IN  COUNTIES   OF    175,000   TO   300,000.         115 

Sec.  5985.    Who  eligible  to  vote — penalty  for  illegal  voting. — No 

person  shall  be  allowed  to  vote  at  any  primary  election  within  a  city 
in  such  county  having  a  board  of  election  commissioners  and  a  system 
of  registration,  unless  he  shall  be  at  the  time  of  such  primary  election 
an  actual  and  bana  fide  resident  of  the  primary  election  district  where 
he  shall  offer  his  vote,  and  a  member  of  the  political  party  holding 
such  primary  election,  and  unless  his  name  appears  upon  the  last 
official  registration  list  of  such  city  for  a  precinct  in  said  district ;  and 
in  those  portions  of  the  county  lying  outside  of  the  city  no  person 
shall  be  allowed  to  vote  who  has  not  been  for  a  period  of  thirty  days  a 
bona  fide  citizen  and  resident  of  the  election  district  where  he  shall 
offer  to  vote  and  who  is  not  also  a  member  of  the  party  holding  such 
primary  election.  Any  person  voting  or  offering  to  vote  at  such 
primary  election  who  is  not  a  qualified  voter  in  the  district  where  he 
shall  offer  to  vote,  or  who  shall  vote  or  offer  to  vote  more  than  once 
at  such  primary,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
punished  as  provided  in  section  5996.     (Laws  1901,  p.  165.) 

Sec.  5986.  Committee  to  divide  wards — ^locate  polling  places — 
duties  of  county  courts. — Said  committee  shall,  at  least  ten  days  prior 
to  the  holding  of  any  such  primary  election,  divide  each  ward  in  any 
city  containing  more  than  one  hundred  and  fifty  thousand  inhabitants 
in  such  counties,  into  two  primary  election  districts,  including  as 
nearly  as  possible  an  equal  number  of  registered  voters,  as  shown  by 
the  last  official  registration.  The  division  lines  of  said  wards  shall 
run  as  nearly  as  possible,  wherever  practicable,  either  in  a  general 
direction  from  north  to  south  or  in  a  general  direction  from  east  to 
west,  and  shall  follow  election  precinct  lines ;  and  said  committee  shall 
locate  a  polling  place  in  each  district  so  that  it  may  be  convenient  to 
the  largest  number  of  voters  therein.  In  all  those  parts  of  the  county 
lying  outside  of  the  limits  of  said  city  primary  elections  shall  be  held 
in  election  districts  as  established  by  the  order  of  the  county  court, 
and  the  voting  places  shall  be  located  as  established  by  order  of  the 
county  committee.     (Laws  1901,  p.  165.) 

Sec.  5987.  Apportionment  of  delegates — ^basis  of  representation. 
Each  election  district  outside  of  cities  and  each  ward  within  such  cities 
shall  be  entitled  to  such  proportion  of  the  total  number  of  delegates 
to  be  elected  in  said  county  as  the  total  number  of  votes  cast  in  said 
district  or  ward  at  the  last  preceding  general  election  for  the  candi- 
date of  such  party  for  a  state  office  receiving  the  highest  number  of 
votes  bears  to  the  total  of  votes  of  such  county  for  such  candidate. 
Subject  to  the  foregoing,  the  county  committee  shall  have  the  right  to 
fix  the  basis  of  representation.  (Laws  1901,  p.  165,  amended,  Laws 
1903,  p.  193.) 

Sec.  5988.  Filing  delegations — delegation  by  petition — duties  of 
committee. — On  the  day  and  at  the  place  fixed  in  said  notice  for  the 
filing  of  delegations  the  said  county  central  committee,  or  its  chair- 
man and  secretary,  shall  be  present  for  the  purpose  of  receiving  and 
filing  delegations  from  nine  o'clock  a.  m.  to  six  o'clock  p.  m,,  after 
which  time  no  delegation  shall  be  received  or  filed.  Any  number 
of   qualified  voters  of   any  such  primary  election  district,   but  not 


116  ELECTION   LAWS. 

less  than  ten  in  number,  may  by  petition,  and  by  depositing  with 
the  said  committee,  or  its  chairman  and  secretary  as  aforesaid,  such 
sum  for  each  delegate  as  may  be  prescribed  by  the  resolution  of  the 
committee  for  each  name  on  each  delegation,  have  placed  upon  the 
ballot  a  delegation  selected  by  them,  and  any  citizen  possessing  the 
qualifications  of  a  voter  may  become  a  candidate  at  such  primary 
election  by  depositing  such  sum  as  may  be  prescribed  by  the  said 
committee  for  candidates  for  said  office.  The  delegates  shall  be  elected 
by  wards  in  the  cities  and  by  election .  districts  outside  the  limits  of 
said  cities  as  herein  provided.  It  shall  be  the  duty  of  the  committee, 
or  its  chairman  and  secretary,  to  receive  all  delegations  that  may  be 
filed  between  said  hours,  and  upon  request  to  issue  a  receipt  to  the 
person  filing  the  same,  showing  that  said  delegation  has  been  filed,  and 
to  keep  a  record  of  all  delegations  filed,  which  shall  be  open  to  public 
inspection;  and  no  name  shall  be  voted  for  at  said  primary  election 
unless  it  shall  have  been  filed  as  aforesaid.  And  in  such  counties  no 
name  shall  be  placed  upon  the  official  ballots  as  provided  in  section 
5890,  Revised  Statutes,  1909,  unless  said  person  is  nominated  in  ac- 
cordance with  the  provisions  of  this  article,  or  nominated  by  petition 
as  provided  by  law.  (Laws  1901,  p.  165,  amended.  Laws  1903,  p.  193.) 
Sec.  5989.  Judges  and  clerks,  how  named — opening  of  polls — bal- 
lots, how  marked — ballot  boxes — ^returns,  etc. — Each  delegation  at  the 
time  of  the  filing  thereof  may  name  one  judge  and  one  clerk,  and  the 
persons  so  selected  shall  constitute  the  board  of  judges  and  clerks  for 
the  election  district.  In  the  event  that  any  judge  or  clerk  so  selected 
fails  to  act,  then  the  delegation  shall  have  the  right,  by  a  majority 
vote,  to  select  another  judge  or  clerk  to  serve.  The  persons  named 
herein  as  judges  and  clerks  of  election,  or  any  persons  in  their 
absence  or  refusal  to  serve,  assuming  or  chosen  to  be  such  judges  and 
clerks  of  the  election  aforesaid,  shall  first  sign  an  oath  or  affirmation, 
duly  attested  by  some  officer  authorized  to  administer  oaths,  that  they 
are  legal  voters  of  the  district  in  which  such  election  is  to  be  held; 
that  they  will  faithfully  and  correctly  conduct  such  election,  protect 
it  against  all  fraud  or  unfairness,  carefully  and  truly  canvass  all  votes 
•east  thereat,  in  such  manner  as  may  be  required  by  this  article,  and  of 
the  authority  appointing  the  election  not  inconsistent  with  the  provi- 
sions of  this  article.  Said  polls  shall  be  open  as  prescribed  by  the  rules 
of  said  committee,  but  said  polls  shall  be  open  at  least  from  one  o'clock 
p.  m.  until  seven  o'clock  p.  m.  in  such  cities.  Before  the  judges  in 
said  cities  shall  deposit  any  ballot  in  the  box  they  shall  at  once  after 
receiving  it  from  the  voter,  and  in  his  presence,  number  the  same  with 
a  number  corresponding  to  the  number  of  votes  cast,  and  place  the 
same  number  on  the  poll  book  opposite  the  name  of  the  voter  casting 
such  ballot,  and  a  judge  or  clerk  representing  opposing  delegations, 
if  there  be  more  than  one  delegation,  shall  write  his  initials  on  each 
ballot  before  placing  the  same  in  the  box,  and  no  ballot  shall  be  counted 
unless  so  initialed  and  numbered.  One  ballot  box  only  shall  be  used 
■at  each  district  polling  place,  which  shall  be  opened  and  inspected  by 
all  the  judges  and  clerks  at  the  opening  of  the  polls.  Said  ballot  box 
shall  then  be  locked  and  so  kept  until  the  polls  are  closed.     The  ballots 


PRIMARY   ELECTIONS   IN   COUNTIES   OF    175,000   TO   300,000.  117 

shall  be  deposited  in  said  box  and  left  there  until  the  polls  are  closed 
as  aforesaid,  when  they  shall,  without  being  taken  from  said  polling 
place,  be  immediately  counted,  and  the  result  at  once  certified  to  by 
all  said  judges  and  clerks,  and  at  once  returned,  with  all  certificates, 
poll  books,  ballots,  rejected  ballots,  boxes,  oaths  of  judges  and  clerks 
and  other  papers,  to  the  county  central  or  controlling  committee,  or 
the  chairman  and  secretary  thereof,  who,  for  that  purpose,  shall  be 
and  remain  at  the  office  of  the  board  of  election  commissioners  in  said 
city,  and  receive  said  returns,  in  the  presence  of  the  election  com- 
missioners, if  they  see  fit  to  attend ;  and  said  returns  and  ballots  shall 
be  carefully  preserved  by  said  committee  in  said  office  until  the  con- 
vention to  which  said  delegates  shall  be  elected  is  held,  unless  other- 
wise ordered  by  a  judge  of  the  circuit  court.  It  is  hereby  made  the 
duty  of  said  judges  and  clerks  to  sign  and  certify  said  returns  unless 
they  refuse  for  good  and  sufficient  reasons,  which  said  reasons  they 
shall  file  in  writing  with  said  returns.  In  case  any  of  the  judges  or 
clerks  refuse  to  sign  the  returns  for  any  election  district,  then  it  shall 
be  the  duty  of  the  said  committee  to  deliver  to  said  convention  when 
organized,  the  poll  books  and  ballots  and  returns  used  at  such  polling 
place  at  said  election.  The  said  ballot  boxes  shall  be  sealed  by  the 
chairman  and  secretary  of  the  said  county  central  or  controlling  com- 
mittee, and  shall  be  kept  in  such  office  subject  only  to  delivery  to  the 
convention,  or  to  a  judge  of  the  circuit  court.  All  returns  and  baUot 
boxes  from  primary  districts  in  both  city  and  county  shall  be  made  aa 
aforesaid  at  office  of  election  commissioners.     (Laws  1901,  p.  165.) 

Sec.  5990.  Certificate,  by  whom  issued — controversies,  how  de- 
termined.— The  chairman  and  secretary  of  said  committee  shall  issue 
a  certificate  of  election  to  each  candidate  and  delegate  receiving  the 
highest  number  of  votes  where  the  judges  and  clerks  all  sign  the 
returns.  In  case  any  of  said  judges  and  clerks  refuse  to  sign  said 
returns,  then  the  chairman  and  secretary  of  the  committee  shall  not 
issue  credentials  for  a  period  of  twenty-four  hours,  and  in  the  mean- 
time shall  give  an  opportunity  to  the  various  candidates  for  delegates 
and  for  offices  to  be  heard,  and  shall  summarily,  within  the  said  twenty- 
four  hours,  decide  who  is  entitled  to  certificates  as  aforesaid,  and  shall 
issue  said  certificates  at  the  end  of  forty-eight  hours  after  the  close 
of  said  polls,  unless  within  that  time  the  candidate  or  delegate  shall 
file  his  petition,  either  for  himself,  or  jointly,  with  one  or  more  of  his 
associates  on  the  ticket,  duly  verified  by  oath,  with  one  of  the  judges 
of  the  circuit  court,  either  in  term  or  vacation,  setting  forth  that  he 
or  they  was  or  were  duly  elected  at  said  primary  election,  and  the 
grounds  and  reasons  why  a  certificate  of  election  should  be  issued  to 
him  or  them.  Said  judge  shall  at  once,  upon  the  filing  of  said  peti- 
tion, order  the  chairman  and  secretary  of  said  committee  to  show  cause 
why  a  certificate  of  election  should  not  issue  to  said  petitioner,  and 
the  said  judge  shall,  in  a  summary  manner,  hear  and  decide  the  matters 
in  controversy,  and  shall  have  power,  if  necessary,  to  postpone,  by 
order,  the  holding  of  the  convention  for  such  reasonable  time  as  may 
be  necessary  to  decide  the  controversy,  not  to  exceed  ten  days;  and 


118  ELECTION   LAWS. 

upon  hearing  of  said  controversy  the  said  judge  shall  make  an  order 
upon  the  chairman  and  secretary  of  said  committee  to  issue  a  cer- 
tificate of  election  to  the  person  justly  entitled  thereto.  (Laws  1901,  p. 
165.) 

Sec.  5991.  Delegates  holding  certificates  to  be  entitled  to  seats  in 
convention — meeting  called  to  order,  by  whom. — Each  delegate  holding 
a  certificate  of  election  as  aforesaid  shall  be  entitled  to  a  seat  in  such 
convention,  and  to  participate  in  the  preliminary  organization  thereof, 
and  such  certificate  delivered  to  such  candidate  shall  be  prima  facie 
evidence  of  the  nomination  for  the  office  therein  named.  Every  conven- 
tion shall  be  called  to  order  by  the  chairman  of  the  committee  from 
which  the  call  originates,  or  by  a  person  designated  in  writing  for  the 
purpose  by  such  chairman.  The  temporary  chairman  of  the  conven- 
tion shall  be  chosen  on  a  call  of  the  official  roll,  which  shall  consiit  as 
to  the  delegates  of  the  persons  holding  the  certificates  of  election 
herein  provided  for.  The  person  who  calls  the  convention  to  order 
shall  exercise  no  other  function  than  that  of  causing  the  official  roll 
of  delegates  to  be  called,  and  the  declaring  of  the  result  thereof.  The 
committees  of  the  convention  shall  be  appointed  by  the  convention, 
or  by  the  temporary  chairman,  as  the  convention  may  order  by  official 
roll  call.  Each  convention  shall  decide  all  questions  as  to  the  contested 
seats  therein.     (Laws  1901,  p.  165.) 

Sec.  5992.  Ballot  boxes  to  be  furnished  by  whom — poll  books  and 
registration  lists. — The  board  of  election  commissioners  shall  furnish 
to  said  county  committee  a  sufficient  number  of  ballot  boxes  to  prop- 
erly conduct  said  primary  election,  which  shall  be  returned  to  said 
board  of  election  commissioners  as  hereinbefore  provided,  and  they 
shall  also,  in  said  cities,  furnish  the  poll  books  heretofore  referred  to, 
together  with  copies  of  the  last  official  registration  list  for  the  election 
precincts  contained  in  the  primary  election  districts  as  heretofore 
defined.     (Laws  1901,  p.  165.) 

Sec.  5993.  Judges  and  clerks  to  be  appointed  by  central  com- 
mittees, when. — In  the  event  of  a  failure  to  select  judges  and  clerks 
of  election  in  any  election  district  herein  provided  for,  in  the  man- 
ner aforesaid,  then  the  said  county  central  or  controlling  committee 
shall  have  the  power  to  appoint  such  judges  and  clerks.  (Laws  1901, 
p.  165.) 

Sec.  5994.  Central  committee  to  make  rules  and  regulations. — 
The  county  central  or  controlling  committee  of  said  county  shall  have 
the  power  to  make  all  such  reasonable  rules  and  regulations  as  to  the 
conduct  of  primary  elections  as  are  not  in  conflict  with  the  provisions 
of  this  article.     (Laws  1901,  p.  165.) 

Sec.  5995.  Delegates  at  large,  how  chosen. — In  case  the  repre- 
sentation to  any  convention  called  by  any  other  political  committee 
than  the  county  committee  shall  be  such  that  any  district  or  ward  is 
not  entitled  to  at  least  one  delegate,  then  the  county  central  or  con- 
trolling committee  may  order  that  the  delegate  shall  be  elected  from 
such  district  or  ward  as  the  county  central  or  controlling  committee 
may  establish.     (Laws  1901,  p.  165,  amended.  Laws  1903,  p.  193.) 


PRIMARY   ELECTIONS,    CITIES    100,000. 


119 


Sec.  5996.  Penalties. — ^Any  person  voting  at  such  primary  elec- 
tion who  is  not  a  qualified  voter  in  the  district  where  he  shall  offer 
to  vote,  or  who  shall  vote  or  offer  to  vote  more  than  once  at  said  pri- 
mary election,  and  any  judge  or  clerk  of  election,  or  person  assuming 
or  chosen  to  act  as  such  judge  or  clerk,  or  any  chairman  or  secretary 
or  acting  chairman  and  secretary,  or  any  member  of  any  county  cen- 
tral or  controlling  committee,  or  any  election  commissioner  or  other 
person  who  shall  violate  any  of  the  provisions  of  this  article  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shaU  be  pun- 
ished by  a  fine  not  exceeding  one  hundred  dollars  or  by  imprisonment 
in  the  county  jail  not  exceeding  thirty  days,  or  by  both  such  fine  and 
imprisonment.     (Laws  1901,  p.  165.) 

Sec.  5997.  Inconsistent  laws  repealed. — ^Article  Vin  of  chapter 
43  of  the  Reused  Statutes  of  1909,  so  far  as  applicable  to  any  such 
primary  elections  to  be  held  in  such  counties,  and  aU  other  acts  and 
parts  of  acts  in  conflict  herewith,  are  hereby  repealed.  (Laws  1901,  p. 
165.) 


ARTICLE  X. 

PRIMARY  ELECTIONS  IN  CITIES  OF  100,000  INHABITANTS  AND  OVER. 


SECTION 

5998.  Primaries    in    cities    with    100,000 

inhabitants. 

5999.  Notice  of   election. 

6000.  Polling  places — districts,  etc. 

6001.  Printing   and   delivering  ballots. 
6002-    Number  of  ballots. 

6003.  Copies  of  poll  books. 

6004.  Ballot  shall   contain  what. 

6006.    How  other  names  and  delegations 
may  be  placed  on  the  ballot. 


SECTION 
6006.    Judges  and  clerks. 
••07.    Pay  of  judges  and  clerks. 
60^8.    Duties  of  judges  and  clerks. 
6009.    Duty  of  board  of  election  comml»> 

sioners. 
•010.    Polls  open,  when. 

6011.  Judges  and  clerks  guilty  of 

meaner,  when. 

6012.  Election  expenses,  how  paid. 


Sec.  5998.  Primaries  in  cities  with  one  hundred  thousand  in- 
habitants.— All  primary  elections  hereafter  held  by  any  political  party 
having  polled  at  least  one-fourth  of  the  total  vote  cast  at  the  next 
preceding  general  election  for  the  purpose  of  nominating  candidates 
for  public  offices  or  for  the  election  of  delegates  to  a  party  convention 
held  for  the  purpose  of  nominating  candidates  for  public  offices  in 
cities  of  one  hundred  thousand  inhabitants  or  over  shall  be  held  under 
and  subject  to  the  following  provisions:  And  for  the  purpose  of 
determining  the  population  of  such  cities  the  aggregate  vote  cast  for 
the  first  candidate  on  each  ticket  voted  for  at  the  last  preceding  presi- 
dential election  in  such  cities  shall  be  multiplied  by  five  and  the  product 
shall  be  deemed  to  be  the  number  of  inhabitants  in  such  city.  (R.  S. 
1899,  §  7131,  amended.  Laws  1901,  p.  144.) 

For  provisions  of  general  primary  law,  see  Art.  4  of  this  chapter. 

Sec.  5999.  Notice  of  election. — The  board  of  election  commis- 
sioners in  such  cities,  upon  notification  of  the  managing  or  controlling 
committee  of  such  political  party  before  mentioned,  shall  cause  a  notice 
to  be  printed  in  at  least  two  daily  newspapers  printed  in  the  English 


120  ELECTION   LAWS. 

language,  at  least  ten  days  prior  to  the  holding  of  such  election,  which 
notice  shall  state  time  and  place  of  holding  same,  and  the  offices  for 
which  nominations  are  to  be  made :  Provided,  however,  that  the  board 
of  election  commissioners  shall,  within  five  days,  in  the  event  of  the 
failure  or  neglect  of  said  managing  committee  to  give  such  notice  at 
least  thirty-five  days  before  the  regular  election,  cause  to  be  adver- 
tised, as  above,  a  notice  of  a  primary  election  to  be  held  for  such 
political  party.     (R.  S.  1899,  §  7132.) 

Sec.  6000.  Polling  places — districts,  etc. — Each  ward  in  such 
cities  shall  have  two  polling  places,  to  be  designated  by  the  board  of 
election  commissioners :  Provided,  that  the  board  of  election  commis- 
sioners shall  divide  said  ward  into  two  districts,  which  shall  each  con- 
tain as  near  as  possible,  without  dividing  any  election  precinct,  an 
equal  number  of  voters,  and  the  polling  places  shall  then  be  selected 
by  him,  as  near  as  may  be  practicable,  in  the  center  of  each  district. 
(R.  S.  1899,  §  7133.) 

Sec.  6001.  Printing  and  delivering  ballots. — ^All  ballots  cast  in 
such  primary  election  shall  be  printed  and  delivered  by  the  board  of 
election  commissioners  to  the  judges  and  clerks  of  election.  (R.  Si 
1899,  §  7134.) 

Sec.  6002.  Number  of  ballots. — The  board  of  election  commis- 
sioners shall  provide  for  each  election  district  one  ballot  for  each  and 
every  voter  in  such  district.     (R.  S.  1899,  §  7135.) 

Sec.  6003.  Copies  of  poll  books.— It  shall  be  the  duty  of  the 
board  of  election  commissioners  to  provide  copies  of  the  poll  books  for 
the  use  of  the  judges  and  clerks  at  such  primary  election,  and  all  booths 
and  compartments  in  his  possession  that  may  be  necessary  at  such 
election.     (R.  S.  1899,  §  7136.) 

Sec.  6004.  Ballot  shall  contain  what. — ^Every  ballot  printed  under 
the  provisions  of  sections  5998  to  6012,  inclusive,  shall  contain  the 
name  of  every  candidate,  also  the  names  of  each  delegation  grouped 
together  upon  the  ballot  under  some  caption  or  headline — such  caption 
or  headline  not  to  contain  more  than  three  words :  Provided,  however, 
each  candidate  and  each  delegation  shall  have  complied  with  the  con- 
ditions herein  provided.     (R.  S.  1899,  §  7137.) 

Sec.  6005.  How  other  names  and  delegations  may  be  placed  on 
the  ballot. — ^Any  number  of  qualified  voters  of  a  ward,  but  not  less 
than  twenty  in  number,  may  by  petition  and  by  depositing  with  the 
board  of  election  commissioners  the  sum  of  fifty  dollars,  have  placed 
upon  the  ballot  a  delegation  selected  by  them;  and  any  citizen 
possessing  the  qualifications  of  a  voter  may  become  a  candidate  at 
such  primary  election,  by  depositing  the  sum  of  ten  dollars  with  the 
board  of  election  commissioners  for  each  and  every  ward  in  which  he 
may  be  a  candidate.     (R.  S.  1899,  §  7138.) 

Sec.  6006.  Judges  and  clerks.— Each  delegation  may  submit  a 
list  of  three  names  for  each  polling  place  in  the  ward,  from  each  of 
which  lists  the  board  of  election  commissioners  shall  appoint  two,  one 
to  act  as  judge,  the  other  as  clerk.     (R.  S.  1899,  §  7139.) 


PRIMARY   ELECTIONS,    CITIES    100,000.  121 

Sec.  6007.  Pay  of  judges  and  clerks. — No  judge  or  clerk  of  such 
primary  election  shall  receive  for  his  services  a  greater  sum  than  five 
dollars.     (R.  S.  1899,  §  7140.) 

Sec.  6008.  Duties  of  judges  and  clerks. — It  shall  be  the  duty  of 
the  judges  and  clerks  to  count  the  ballots  at  the  close  of  the  polls  and 
certify  the  result,  in  writing,  to  the  board  of  election  commissioners, 
of  the  number  of  votes  cast  for  each  candidate  and  delegate;  they 
shall  also  deliver  to  the  board  of  election  commissioners  with  said  re- 
turns the  poll  books,  the  ballots  cast  and  the  ballot  boxes,  and  said 
board  of  election  commissioners  shall  carefully  keep  said  books,  re- 
turns and  ballots  until  after  the  convention  to  which  said  delegates 
shall  be  elected  is  held.  In  case  any  of  the  judges  or  clerks  refuse  to 
sign  the  returns  from  any  polling  place  in  such  election,  then  it  shall 
be  the  duty  of  the  board  of  election  commissioners  to  deliver  to  the  said 
convention,  when  organized,  the  poll  books,  the  ballots  and  returns 
used  at  such  polling  place  at  said  election.     (R.  S.  1899,  §  7141.) 

Sec.  6009.  Duty  of  board  of  election  commissioners. — ^It  shall  be 
the  duty  of  the  board  of  election  commissioners  to  furnish  a  certificate 
of  election  to  each  candidate  and  each  delegate  receiving  the  highest 
number  of  votes.     (R.  S.  1899,  §  7142.) 

Sec.  6010.  Polls  open,  when. — The  polls  shall  be  open  from  one 
o'clock  p.  m.  to  eight  o'clock  p.  m.  upon  the  day  of  such  election.  (R. 
S.  1899,  §  7143.) 

Sec.  6011.  Judges  and  clerks  guilty  of  misdemeanor,  when. — Any 
person  who  shall  act  as  judge  of  election  without  having  been  duly 
sworn  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  punished  as  provided  for  in  section  5839.  Any  person  who 
shall  serve  as  judge  or  clerk  at  any  polling  place  in  such  election,  who 
is  not  a  bona  fide  resident  of  and  a  registered  voter  in  the  district  in 
which  said  polling  place  is  located,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  punished  as  provided 
in  section  5839.    (R.  S.  1899,  §  7144.) 

Sec.  6012.  Election  expenses,  how  paid. — The  expense  of  holding 
such  primary  election  shall  be  paid  from  the  money  deposited  with  the 
board  of  election  commissioners ;  should  a  surplus  remain  in  the  hands 
of  the  board  of  election  commissioners,  it  shall  within  six  months  after 
such  primary  election  be  turned  into  the  treasury  of  the  school  board 
of  the  city.     (R.  S.  1899,  §  7145.) 


122 


ELECTION  LAWS. 


Primary  Elections  in  Counties  and  Cities  Having  Three  Hundred 
and  Fifty  Thousand  Inhabitants  or  More — Establishment  of  Non- 
partisan Judiciary. 


SECTION 

1.  Candidates,   how  nominated. 

2.  Ballot— to     contain     what— candidates 

not  nominated  from  any  one  politi- 
cal party. 

3.  General    election   laws   applicable. 


SECTION 

4.  Candidate     may     file    petition, 

whom— to  contain  what. 

5.  Vacancies,   how   filled. 

6.  Repealing  conflicting  acts. 


with 


Section  1.  Candidates,  how  nominated. — ^For  the  purpose  of  es- 
tablishing a  non-partisan  judiciary  in  state  circuits  courts  in  all  coun- 
ties and  cities  in  this  state  which  now  have  and  such  as  may  hereafter 
have  a  population  of  three  hundred  and  fifty  thousand  inhabitants  or 
more  it  is  provided  that  at  the  general  primary  election  held  for  the 
purpose  of  nominating  candidates  for  state,  city  or  county  offices  each 
political  party  presenting  a  ticket  at  such  primary  shall  select  from 
each  ward  vrithin  such  circuit  or  circuits  one  delegate  to  a  nominat- 
ing convention  to  be  held  as  hereinafter  provided  for  each  one  thou- 
sand votes  or  fraction  thereof  cast  within  said  ward  for  the  candidate 
of  such  political  party  for  the  office  of  governor  of  the  state  at  the 
last  general  election  and  there  shall  be  printed  or  written  upon  all 
ballots  at  such  primary  under  the  caption:  "for  delegates  to  non- 
political  judicial  convention '*  the  name  or  names  of  such  proposed 
delegate  or  delegates  to  be  voted  upon  and  the  persons  receiving  the 
highest  number  of  votes  at  such  election  shall  be  elected  in  this  order 
according  to  the  number  of  votes  received  as  such  delegates.  The 
persons  so  selected  by  all  political  parties  as  such  delegates  shall  meet 
in  convention  within  ten  days  after  the  holding  of  such  primary  elec- 
tion and  there  nominate  a  candidate  or  candidates  to  be  voted  on  at 
the  general  election  to  fill  every  such  judicial  office  to  be  filled  within 
such  circuit.     (Laws  1913,  p.  334.) 

Sec.  2.  Ballot — ^to  contain  what — candidates  not  nominated  from 
any  one  political  party. — Names  of  candidates  for  said  judicial  offices 
so  chosen  shall  be  printed  upon  the  general  election  ballot  of  each 
political  party  and  following  the  names  of  such  candidates  upon  the 
ballot  shall  be  printed  the  office  to  be  filled  and  nothing  shall  be 
printed  or  written  or  otherwise  appear  upon  such  ballot  to  indicate 
the  political  party,  if  any,  to  which  any  of  such  candidates  belong  or 
affiliate:  It  is  further  provided^  that  of  the  total  number  of  such 
judicial  offices  to  be  filled  not  more  than  one-half  the  candidates  there- 
for shall  be  nominated  from  any  one  political  party:  Provided,  that 
when  an  uneven  number  of  judicial  offices  are  to  be  filled  the  odd 
candidate  for  such  office  may  be  nominated  from  any  political  party. 
(Laws  1913,  p.  335.) 

Sec.  3.  General  election  laws  applicable. — Except  as  otherwise 
provided  in  this  act  the  provisions  of  the  general  laws  of  the  state  of 


PRIMARY   ELECTIONS,   CITIES   FOUR  HUNDRED   THOUSAND. 


123 


Missouri  relating  to  the  nomination  and  election  of  candidates  for 
public  offices  in  cities  and  counties  having  more  than  three  hundred 
and  fifty  thousand  inhabitants  are  hereby  made  applicable  to  the 
nomination  and  election  of  candidates  for  said  judicial  offices.  (Laws 
1913,  p.  335.) 

Sec.  4.  Candidate  may  file  petition,  with  whom — ^to  contain  what. 
Any  person,  who  desires  to  become  a  candidate  for  the  office  of  such 
judgeship  and  otherwise  qualified  therefor  as  by  the  laws  of  this  state 
provided,  shall  upon  filing  a  petition  with  the  board  of  election  commis- 
sioners of  such  city  or  county  signed  by  not  less  than  five  per  cent 
of  the  total  number  of  votes  cast  for  the  office  of  governor  at  the  last 
preceding  general  election  declaring  his  intention  to  become  a  candi- 
date for  such  office  have  his  name  printed  upon  the  official  ballot 
at  such  general  election  and  all  votes  cast  for  such  candidate  shall  be 
received,  canvassed  and  counted  in  the  same  manner  as  provided  for 
in  respect  to  all  other  candidates  upon  such  ticket.  (Laws  1913, 
p.  335.) 

Sec.  5.  Vacancies,  how  filled. — ^Appointments  to  fill  vacancies  in 
said  offices  shall  be  made  without  regard  to  the  politics  of  the  person 
so  appointed.     (Laws  1913,  p.  335.) 

Sec.  6.  Repealing  conflicting  acts. — That  all  acts  or  parts  of  acts 
in  conflict  herewith  are  hereby  repealed.     (Laws  1913,  p.  335.) 


ARTICLE  XI. 


Primary  Elections  in  Cities  Having  Over  Four  Hundred  Thousand 

Inhabitants. 


SECTION 
1.    Repealing    clause— title    and    applica- 
tion of  article. 

6013.  Definition    and    construction   of   ar- 

ticle. 

6014.  Nominations— how  made— exceptions. 
6014a.  Deposit  as   evidence  of  good  faith. 

6015.  Deposit  of  nonpartisan  candidate  to 

go   Into   city   revenue   fund— when. 
Declaration   to   be   filed— where. 
Board     of     election     commissioners 

shall  publish  names  of  candidates, 

etc.— when  and  how  long. 
In  what  pai)ers  publication  Is  to  be 

made. 

6019.  Commissioners     to    provide    official 

ballot— application    of    "primary." 

6020.  Primary  held— where— when. 

6021.  City    register    to    notify    board    of 

election  commissioners  of  what— 
when. 

Board  of  election  commissioners  to 
make   publication   of   what— when. 

Declaration  to  be  filed  by  candidate, 
6024.  Duties  of  board  of  election  commis- 
sioners respecting  printing  and 
distribution  of  official  primary 
ballots. 


6016. 
6017. 


6018. 


6022. 


6023. 


6026. 
6027. 


SECTION 

6025.    At  public   expense — what— how  paid 
for. 

Tickets— how    prepared— how    voted. 

Vacancies— how   filled. 

6028.  Who  entitled  to  vote. 

6029.  Who    may    be    present— canvassed— 

how. 

6030.  Returns— how  made  and  to  whom. 
6030a.  Canvass  of  returns— how  conducted. 
603L    Whose  name  shall  appear  on  official 

ballot  as  nominee. 

6032.  Platform— how  made. 
6032a.  Tie— how    decided. 

6032b.  Board  of  election  commissioners  to 

prepare  forms. 
6032e.  Challengers   and  watchers. 

6033.  Commissioners  to  declare  result  and 

Issue    nomination    certificate. 

6034.  Nonpartisan    candidates,    how   nom- 

Inated- 

6035.  Nonpartisan  candidates— ballot. 
6035a.  Judges  and  clerks. 

6036.  Penalties    and    provisions    of    elee- 
tlons — laws  apply. 

6036a.  Penalty. 

6037.  Inconsistent  acts  repealed. 


124  ELECTION   LAWS. 

Section  1.     Repealing  clause — title  and  application  of  article. — 

Article  XI  of  chapter  43  of  the  Revised  Statutes  of  Missouri  of  1909, 
entitled  ''Primary  elections  for  cities  having  over  300,000  inhabitants," 
is  hereby  repealed  and  a  new  article  in  lieu  thereof  enacted  to  be 
known  as  article  XI  of  chapter  43,  and  entitled:  ''An  act  providing 
for  the  nomination  of  all  elective  city  and  municipal  offices  in  the 
cities  in  this  state  which  now  have,  or  may  hereafter  have  over 
400,000  inhabitants;  defining  a  political  party  subject  to  the  provisions 
of  this  article;  defining  non-partisan  candidates  subject  to  the  pro- 
visions of  this  article;  providing  for  holding  primary  nominating 
elections  preceding  any  election  in  such  city  (except  special  elections 
to  fill  vacancies)  for  the  purpose  of  nominating  all  the  candidates  by 
all  political  parties  subject  to  this  law  for  all  public  offices  to  be  filled 
at  the  next  ensuing  election;  defining  the  term  primary  nominating 
elections  within  the  meaning  of  this  article ;  providing  for  the  nomi- 
nation of  non-partisan  candidates  by  certificates  signed  by  electors; 
for  the  prevention  of  frauds  and  the  punishment  of  crimes  committed 
and  applying  to  said  primary  nominating  elections,  so  far  as  the  same 
are  not  in  conflict  with  the  provisions  of  this  article,  the  provisions 
of  the  statutes  now  in  force  in  relation  to  the  holding  of  elections, 
with  sections  numbered  as  follows:  6013,  6014,  6014a,  6015,  6016, 
6017,  6018,  6019,  6020,  6021,  6022,  6023,  6024,  6025,  6026,  6027,  6028, 
6028a,  6030,  6030a,  6031,  6032,  6032a,  6032b,  6032c,  6033,  6034,  6034a, 
6035,  6035a,  6036,  6036a,  6037,  6037a,  to  wit:" 

Sec.  6013.  Definition  and  construction  of  article. — Whenever  the 
provisions  of  this  law  in  operation  prove  to  be  of  doubtful  or  uncer- 
tain meaning,  or  not  sufficiently  explicit  in  directions  and  details,  the 
general  laws  of  Missouri,  and  especially  the  election  and  registration 
laws,  and  the  customs,  practice,  usage  and  forms  thereunder,  in  the 
same  circumstances  or  under  like  conditions,  shall  be  followed  in  the 
construction  and  operation  of  this  law,  to  the  end,  that  the  protec- 
tion of  the  spirit  and  intention  of  said  laws  shall  be  extended  so  far  as 
possible  to  all  primary  nominating  elections  provided  by  this  article. 
(Laws  1913,  p.  337.) 

Sec.  6014.  Nominations — how  made — exceptions. — ^Hereafter  all 
candidates  for  elective  offices  other  than  those  to  be  elected  at  a  gen- 
eral state  election  and  all  special  elections  to  fill  vacancies  in  cities  of 
this  state  which  now  have  or  which  hereafter  acquire  400,000  inhabit- 
ants or  more,  shall  be  nominated  at  a  primary  election  by  the  direct 
vote  of  the  qualified  voters  of  such  cities  or  by  certificates  of  election, 
in  accordance  with  the  provisions  of  this  act.  A  political  party,  with- 
in the  meaning  of  this  article,  is  an  affiliation  of  electors  representing 
a  political  party  or  organization  which  at  the  last  preceding  general 
state  election  before  such  primary  polled  as  a  party  at  least  three  per 
cent  of  the  entire  vote  cast  in  such  city  for  the  office  of  governor  or 
for  the  office  of  judge  of  the  supreme  court,  elected  at  such  preceding 
election.  The  term  "non-partisan  candidate,"  within  the  meaning 
of  this  article,  shall  apply  to  all  candidates  who  shall  be  nominated 


PRIMARY   ELECTIONS,    CITIES   FOUR  HUNDRED   THOUSAND.  125 

by  a  certificate  signed  by  electors,  as  in  this  act  provided :  Provided, 
however,  that  nothing  in  this  act  shall  be  understood  to  apply  to  the 
nomination  or  election  of  members  of  a  board  of  freeholders  to  draft 
a  new  charter  for  such  city  or  members  of  boards  of  education  or 
shall  apply  in  any  way  to  school  nominations  or  elections.  (Laws  1913, 
p.  337.) 

Sec.  6014a.  Deposit  as  evidence  of  good  faith. — ^Each  candidate 
previous  to  filing  such  declaration  papers,  as  in  this  act  prescribed, 
shall  pay  to  the  treasurer  of  the  city  central  committee  of  the  political 
party  upon  whose  ticket  he  proposes  as  a  candidate  and  seeks  nomina- 
tion, a  certain  sum  of  money,  as  follows,  to-wit :  Two  per  cent  of  the 
salary  for  one  year  of  the  office  for  which  he  is  a  candidate,  and  take 
a  receipt  therefor,  and  file  such  receipt  with  and  at  the  time  he  files 
his  declaration  papers.  The  said  sums  of  money,  so  paid  by  the 
several  candidates,  shall  be  evidence  of  their  good  faith  in  filing  said 
declaration  papers,  and  shall  be  used  as  an  expense  fund  by  the  sev- 
ral  political  parties  upon  whose  tickets  the  various  candidates  pro- 
pose as  candidates  and  seek  nomination  after  such  nominations  are 
made,  it  being  the  intent  of  this  act  that  no  sums  or  parts  of  the 
money  so  paid  in  shall  be  used  by  such  treasurer  or  other  member  of 
such  committee,  or  other  person  or  persons,  to  procure  or  to  defeat 
the  nomination  of  any  candidate  or  candidates  who  file  declarations 
and  seek  nomination  under  the  provisions  of  this  act;  and  such  sums 
of  money  so  paid  shall  be  excepted  from  the  terms  and  provisions  of 
the  corrupt  practice  act.     (Laws  1913,  p.  337.) 

Sec.  6015.  Deposit  of  non-partisan  candidate  to  go  into  city  reve- 
nue fund — when. — Any  person  or  persons  filing  certificates  signed  by 
electors  for  "non-partisan  candidates"  as  provided  in  section  6034a 
of  this  act  shall  pay  the  same  sum  of  money  required  by  this  act  to 
be  paid  by  any  candidate  of  a  political  party  for  the  office  for  which 
he  proposes  to  the  city  treasurer,  take  a  receipt  therefor  and  file  said 
receipt  with  his  certificate  of  nomination;  said  sum  of  money  so  paid 
shall  "go  into  the  general  revenue  fund  of  the  city.    (Laws  1913,  p.  338.) 

Sec.  6016.  Declaration  to  be  filed — ^where. — ^No  person  shall  file 
more  than  one  written  declaration  indicating  the  party  designation 
under  which  his  name  is  to  be  printed  on  the  official  ballot,  and  it 
shall  be  unlawful  for  his  name  to  appear  on  more  than  one  ballot  at 
said  primary  election,  and  all  declaration  papers  shall  be  filed  with  the 
board  of  election  commissioners  of  such  city,  and  such  declaration 
papers  shall  not  be  withdrawn,  but  the  names  of  candidates  who  so 
declare  shall  be  printed  on  the  official  primary  ballot.  (Laws  1913, 
p.  338.) 

Sec.  6017.  Board  of  election  commissioners  shall  publish  names 
of  candidates,  etc. — when  and  how  long. — Such  board  of  election  com- 
missioners shall  publish,  under  the  proper  party  designation,  the  title 
to  each  office,  the  names,  addresses  and  occupations  of  all  persons 
who  shall  have  filed  declaration  papers,  giving  the  name,  address,  and 
occupation  of  each,  the  date  of  the  primary,  the  hours  during  which 


126  ELECTION  LAWS. 

the  polls  will  be  open,  that  the  primary  will  be  held  at  the  regular 
polling  places  in  each  precinct.  It  shall  be  the  duty  of  such  board 
to  publish  such  notice  for  three  consecutive  days  next  prior  to  said 
primary.     (Laws  1913,  p.  338.) 

Sec.  6018.  In  what  papers  publication  is  to  be  made. — ^Each  pub- 
lication required  in  this  act  shall  be  made  in  five  English  newspapers 
of  general  circulation  in  such  city;  one  of  such  newspapers  shall  repre- 
sent the  political  party  that  cast  the  largest  vote  in  such  city  at  the 
last  preceding  general  election,  and  one  of  such  newspapers  shall  repre- 
sent the  political  party  that  cast  the  next  largest  vote  in  such  city  at 
the  last  preceding  general  election.     (Laws  1913,  p.  338.) 

Sec.  6019.  Commissioners  to  provide  official  ballot — application 
of  ** primary." — The  board  of  election  commissioners  shall  cause  to 
be  printed  for  use  at  each  voting  precinct  in  the  form  provided  herein 
an  official  ballot  upon  which  the  names  of  all  the  candidates  for  the 
respective  offices,  who  shall  have  filed  declaration  papers,  as  in  this 
act  provided,  shall  be  printed,  and  ** primary,"  as  used  in  this  article, 
shall  apply  to  all  primary  nominating  elections  provided  for  by  this 
act.     (Laws  1913,  p.  338.) 

Sec.  6020.  Primary  held — ^where — ^when. — The  primary  election 
shall  be  held  at  the  polling  places  in  each  precinct,  as  near  as  may  be, 
at  which  the  succeeding  election  is  to  be  held  in  cities  to  which  this 
act  is  applicable  on  Friday  of  the  fourth  week  preceding  the  election, 
and  biennially  thereafter,  for  the  nomination  of  all  candidates  by 
electors,  to  be*  voted  for  at  the  next  April  election.  (Laws  1913, 
p.  338.) 

Sec.  6021.  City  register  to  notify  board  of  election  commissioners 
of  what — ^when. — ^At  least  fifteen  days  before  the  time  for  holding  such 
March  primary  election  the  city  register  shall  prepare  and  transmit 
to  the  board  of  election  commissioners  in  each  city  to  which  this  act 
is  applicable  a  notice  in  writing,  designating  the  offices  to  be  filled  at 
the  succeeding  city  election  and  the  yearly  salaries  of  each.  (Laws 
1913,  p.  339.) 

Sec.  6022.  Board  of  election  commissioners  to  make  publication 
of  what — when. — Upon  receipt  of  such  notice  such  board  of  election 
commissioners  shall,  beginning  within  two  days  thereafter,  cause  to 
be  published  for  two  consecutive  days  a  list  of  offices  for  which  can- 
didates are  to  be  nominated  at  such  primary  in  five  newspapers  of 
general  circulation,  published  in  the  city  in  which  such  board  of  elec- 
tion commissioners  are  acting.     (Laws  1913,  p.  339.) 

Sec.  6023.  Declaration  to  be  filed  by  candidate. — The  name  of  no 
candidate  shall  be  printed  upon  any  official  ballot  at  any  primary 
election  held  under  the  provisions  of  this  act  unless  at  least  eleven 
days  prior  to  such  primary  election  and  on  or  before  9:00  o'clock 
p.  m.  of  such  day  a  written  declaration  shall  be  filed  by  the  candidate, 
as  provided  in  this  act,  stating  his  full  name,  residence,  occupation,  in 
typewritten  or  printed  words,  and  the  office  for  which  he  proposes  as  a 
candidate,  the  party  upon  whose  ticket  he  is  to  be  a  candidate,  that  if 


PRIMARY   ELECTIONS,   CITIES   FOUR  HUNDRED  THOUSAND.  127 

nominated  and  elected  to  such  office  he  will  qualify,  and  such  declara- 
tion shall  be  substantially  in  the  following  form: 

I,   the  undersigned  (a  sufficient  space  in  which  to  tj^ewrite  or  print  his 

name,  residence  and  occupation),  a  resident  and  qualified  elector  of  the  precinct 

of  the  ward,  in  the  city  of  ,  Missouri,  do  announce  myself  as  a  candidate 

for  the  office  of  on  the  ticket,  to  be  voted  for  at  the  primary  election  to 

be  held  on  the  day  of  March,  ,  and  I  further  declare  that  if  nominated 

and  elected  to  such  office  I  will  qualify. 

(Signed)    

(Laws  1913,  p.  339.) 

Sec.  6024.  Duties  of  board  of  election  commissioners  respecting 
printing  and  distribution  of  official  primary  ballots. — Immediately 
after  the  last  day  and  hour  for  filing  declarations  of  candidates,  as 
provided  in  this  act,  the  board  of  election  commissioners  shall  prepare 
and  cause  to  be  printed  official  primary  ballots  for  each  party  as  de- 
fined in  this  act,  placing  on  each  of  said  ballots,  under  the  appropriate 
title  of  each  office,  and  party  designation,  the  names  of  all  candidates 
to  be  voted  for  at  such  primary;  the  names  of  all  candidates  shall  be 
arranged  under  the  appropriate  title  of  the  respective  offices  and 
under  the  proper  party  designation  upon  the  party  ticket  for  which 
they  have  filed.  The  board  of  election  commissioners  shall  provide 
for  each  election  precinct  in  such  city  official  primary  ballots  to  a 
number  equal  to  twice  the  number  of  registered  voters  in  each  re- 
spective precinct  for  each  political  party  represented  by  candidates 
at  the  primary  election  and  cause  same  to  be  delivered  within  twenty- 
four  hours  before  the  opening  of  the  polls  for  the  said  primary  election 
to  the  judges  of  election  in  the  various  precincts  by  delivering  the  same 
to  the  homes  of  such  judges.  The  board  of  election  commissioners 
shall  retain,  however,  of  the  amount  of  ballots  which  they  are  to  have 
printed  for  each  political  party  represented  at  said  primary  election 
one-fourth  of  the  number  of  ballots  for  each  respective  precinct,  which 
shall  be  kept  securely  locked  in  the  vault  at  the  office  of  the  board  of 
election  commissioners,  to  be  used  in  case  of  emergency  only.  (Laws 
1913,  p.  339.)      * 

Sec.  6025.  At  public  expense — ^what — how  paid  for. — ^AU  ballots, 
blanks  and  other  supplies  to  be  used  at  any  primary  election  held 
under  the  provisions  of  this  act,  and  all  expenses  necessarily  incurred 
in  the  preparation  for  and  in  conducting  such  primary,  including 
clerical  help,  and  an  assistant  at  such  compensation  as  the  board  of 
election  commissioners  may  fix,  shall  be  paid  out  of  the  treasury  of 
the  city  and  by  the  same  officers  as  in  case  of  elections,  and  the  board 
of  election  commissioners  shall  at  once  prepare  its  estimate  showing 
the  amount  necessary  to  appropriate  for  such  primary  election,  and  it 
shall  be  mandatory  for  the  officers  charged  with  such  duties,  and  the 
common  council  of  cities  to  which  this  act  is  applicable,  to  appropriate 
the  money  required  by  such  board,  and  such  board  shall  audit  and 
approve  all  such  expenses  as  are  by  it  incurred  and  deemed  necessary, 
and  shall  draw  its  warrant  for  the  same  on  the  treasurer  of  said  city, 
and  such  treasurer  shall  pay  out  of  the  treasury  such  warrants  and 
retain  the  same  as  his  vouchers.    If  the  officers  of  such  cities  shall  fail 


128  ,  ELECTION   LAWS. 

or  refuse  to  appropriate  such  money  upon  the  demand  of  the  board 
of  election  commissioners,  the  treasurer  shall  pay  such  warrants  and 
charge  the  same  to  any  fund  not  otherwise  appropriated.  Laws  1913, 
p.  340.) 

Sec.  6026.  Tickets — how  prepared— how  voted. — At  all  such  pri- 
mary elections  there  shall  be  as  many  separate  tickets  as  there  are 
parties  entitled  to  participate  in  such  primary  election.  The  names  of 
all  candidates  shall  be  arranged  under  the  appropriate  title  of  the 
respective  offices  and  under  the  proper  party  designated  upon  the 
party  ticket :  Provided,  however,  the  names  of  the  candidates  for  each 
office  shall  be  so  alternated  on  the  ballots  used  in  the  several  wards 
that  each  name  shall  appear  thereon  substantially  an  equal  number 
of  times  at  the  top,  at  the  bottom  and  in  each  intermediate  plate 
[place],  if  any,  of  the  list  or  group  of  names  in  which  such  candidate's 
name  may  belong,  and  all  officers  charged  with  the  preparation  and 
distribution  of  such  ballots  shall  cause  the  printer's  forms  to  be  so 
transposed  and  the  ballots  so  made  up  as  to  carry  out  the  intent  of 
this  provision.  The  intent  hereof  being  that  the  board  of  election 
commissioners  shall  arrange  the  names  on  the  respective  ballots  differ- 
ently in  the  respective  wards  of  such  city.  If  any  elector  writes  upon 
his  ballot  the  name  of  any  person  who  is  a  candidate  for  the  same 
office  upon  some  other  ticket  than  that  upon  which  his  name  is  so 
written,  this  ballot  shall  not  be  counted  for  such  person.  On  any  day 
of  nomination  of  public  officers  in  any  primary  election  precinct,  each 
qualified  elector  shall  upon  application  be  entitled  to  receive  from  the 
judge  of  election  one  ballot  of  the  political  party  participating  in 
such  election  for  which  he  desires  to  vote.  It  shall  be  the  duty  of  such 
judges  of  election  to  deliver  such  ballot  to  the  electors ;  before  deliv- 
ering a  ballot  to  an  elector  the  two  judges  of  election  having  charge  of 
the  ballot  shall  write  their  names  or  initials  upon  the  back  of  the 
ballot  with  indelible  pencil,  and  no  other  writing  shall  be  on  the  back 
of  the  ballot  except  the  number  of  the  ballot  voted.  (Laws  1913, 
p.  340.) 

Sec.  6027.  Vacancies — ^how  filled. — Vacancies  occurring  after  the 
holding  of  any  primary  or  where  no  person  shall  offer  himself  as  a 
candidate  before  such  primary,  shall  be  filled  by  the  party  committee 
of  such  city:  Provided,  however,  that  no  name  shall  be  allowed  on 
any  ticket  until  the  required  fee  shall  have  been  paid.  (Laws  1913, 
p.  341.) 

Sec.  6028.  Who  entitled  to  vote. — No  person  shall  be  entitled  to 
vote  at  any  primary  unless  a  qualified  elector  of  the  precinct  and 
duly  registered  therein,  and  known  to  affiliate  with  the  political  party 
named  at  the  head  of  the  ticket  he  calls  for,  or  will  make  affidavit  or 
furnish  proper  proof  that  he  is  affiliated  with  the  party  whose  ticket  he 
calls  for,  or  obligates  himself  under  oath  to  support  the  nominee  of 
said  party  at  the  following  city  election.     (Laws  1913,  p.  341.) 

Sec.  6029.  Who  may  be  present — canvassed — ^how. — The  canvass 
of  the  votes  polled  at  such  primary  election  in  a  precinct  shall  be 


PRIMARY   ELECTIONS,   CITIES   FOUR  HUNDRED   THOUSAND.  129 

made  in  the  same  manner  and  by  the  same  officer  as  provided  by 
law  in  case  of  elections  held  to  fill  public  offices.  The  party  chairman 
of  each  political  party  of  the  city,  or  some  duly  appointed  agent  to 
represent  each  party,  shall  be  allowed  to  be  present  and  observe  the 
proceedings  in  the  precinct  canvassed.     (Laws  1913,  p.  341.) 

Sec.  6030.  Returns — how  made  and  to  whom. — The  precinct 
judges  and  clerks  of  election  shall  immediately  after  the  canvass  of 
the  ballot  cast,  on  blanks  to  be  provided  for  that  purpose  by  the  elec 
tion  commissioners,  make  full  and  accurate  returns  of  the  votes  cast 
for  each  candidate  to  the  board  of  election  commissioners.  (Laws 
1913,  p.  341.) 

Sec.  6030a.  Canvass  of  returns — ^how  conducted. — The  canvass 
of  the  precinct  of  a  primary  shall  be  made  by  the  board  of  election 
commissioners  and  in  the  manner  as  now  provided  by  law,  for  the 
canvass  of  returns  of  a  November  general  election.  The  board  shall 
meet  and  begin  the  canvass  of  such  returns  at  ten  o'clock  on  the  Mon- 
day following  the  primary.  These  returns  shall  set  out  the  whole 
number  of  votes  cast  for  each  candidate  of  each  political  party  and 
a  duplicate  of  the  total  votes  cast  for  the  candidates  of  each  political 
party  shall  be  mailed  postage  prepaid  to  the  chairman  of  the  city 
committee  of  such  party  to  his  last  known  address.  (Laws  1913, 
p.  341.) 

Sec.  6031.  Whose  name  shall  appear  on  official  ballot  as  nominee. 
The  person  receiving  the  greatest  number  of  votes  at  a  primary  as 
the  candidate  of  a  party  for  an  office  shall  be  the  candidate  of  that 
party  for  such  office  and  his  name  as  such  candidate  shall  be  placed 
on  the  official  ballot  at  the  following  election.     (Laws  1913,  p.  341.) 

Sec.  6032.  Platform — how  made. — On  the  first  Friday  following 
said  primary  election  the  nominee  of  each  party  chosen  at  such  pri- 
mary election,  at  such  convenient  place  as  may  be  designated  by  the 
chairman  of  the  city  central  committee  of  such  party,  in  cities  to 
which  this  act  is  applicable,  shall  meet  and  forthwith  formulate  a 
city  platform  for  their  party  and  make  public  the  same  not  later  than 
six  o'clock  in  the  afternoon  of  the  following  day.    (Laws  1913,  p.  342.) 

Sec.  6032a.  Tie — how  decided. — In  case  of  a  tie  vote,  the  candi- 
dates having  such  equal  number  of  votes  shall  immediately  determine 
by  lot  in  the  presence  of  the  election  commissioners  and  in  such  man- 
ner as  they  may  designate  which  shall  be  the  nominee.  (Laws  1913, 
p.  342.) 

Sec.  6032b.  Board  of  election  commissioners  to  prepare  forms. 
It  shall  be  the  duty  of  the  board  of  election  commissioners  to  prepare 
and  have  printed  for  primary  election,  blanks  for  carrying  out  the 
provisions  of  this  act.     (Laws  1913,  p.  342.) 

Sec.  6032c.  Challengers  and  watchers.— The  challengers  and 
watchers  for  primary  elections  held  under  this  act  shall  be  appointed 
in  the  same  manner  and  possess  the  same  qualifications  and  consist 
of  the  same  number  of  challengers  and  watchers  as  of  general  elec- 
tions in  this  state.     (Laws  1913,  p.  342.) 


130  ELECTION  LAWS. 

Sec.  6033.  Commissioners  to  declare  result  and  issue  nomination 
certificate. — Immediately  "upon  the  completion  of  the  canvass  of  the 
returns  of  the  primary  election,  the  election  commissioners  shall  de- 
clare the  result  and  issue  a  certificate  of  nomination  to  each  person 
on  each  party  ticket  receiving  the  highest  number  of  votes  for  nomi- 
nation for  an  office.     (Laws  1913,  p.  342.) 

Sec.  6034.  Non-partisan  candidates,  how  nominated. — ^Hereafter 
all  ** non-partisan  candidates,"  as  defined  in  this  act,  for  elective  city 
and  municipal  offices  for  which  the  nomination  of  candidates  of  po- 
litical parties  are  required  to  be  made  by  a  primary  nominating  elec- 
tion held  under  the  provisions  of  this  article,  shall  be  nominated  by  a 
certificate  signed  by  registered  electors  residing  within  the  city  or 
political  division  for  which  the  candidate  is  presented  to  a  number 
equal  to  two  per  cent  of  the  entire  vote  cast  for  mayor  at  the  last 
preceding  election  in  the  city  or  division  for  which  the  nomination  is 
made :  Provided,  that  signers  shall  declare  in  said  certificate  that  they 
are  bona  fide  supporters  of  the  candidate  or  candidates  sought  to  be 
nominated,  and  have  not  aided  and  will  not  aid  in  the  nomination  of 
any  other  candidate  or  candidates  for  the  same  office  or  offices.  Said 
certificates  of  nominations  by  electors  shall  be  filed  in  the  office  of 
the  board  of  election  commissioners  for  such  city  not  less  than  fifteen 
days  before  the  election.     (Laws  1913,  p.  342.) 

Sec.  6035.  Nonpartisan  candidates — ^ballot. — The  names  of  per- 
sons nominated  by  certificate  signed  by  electors  shall  be  placed  on  an 
official  ballot  at  the  following  election  under  the  heading  "nonpartisan 
candidate '*  or  ''nonpartisan  candidates."     (Laws  1913,  p.  343.) 

Sec.  6035a.  Judges  and  clerks. — The  judges  and  clerks  for  pri- 
mary elections  held  under  this  act  shall  be  appointed  in  the  same  man- 
ner and  possess  the  same  qualifications,  and  consist  of  the  same  num- 
ber as  judges  and  clerks  of  general  elections  in  this  state,  in  cities  to 
which  this  act  is  applicable,  and  shall  receive  the  same  compensation, 
and  the  judges  and  clerks  regularly  appointed  and  commissioned  for 
regular  elections,  except  in  cases  of  vacancies,  shall  act  in  primary 
elections,  held  under  this  act  during  the  terms  for  which  they  were 
appointed.    (Laws  1913,  p.  343.) 

Sec.  6036.  Penalties  and  provisions  of  elections — ^laws  apply. — 
The  provisions  of  the  statutes  now  in  force  in  relation  to  the  holding 
of  elections,  the  solicitation  of  voters  at  the  polls,  the  challenging  of 
votes,  the  manner  of  conducting  elections,  of  counting  the  ballots  and 
making  the  returns  thereof,  and  all  other  kindred  subjects,  shall  ap- 
ply to  all  primaries  in  so  far  as  they  are  consistent  with  this  act;  the 
intent  of  this  act  being  to  place  primary  elections  in  cities  to  which 
this  act  is  applicable  under  the  regulation  and  protection  of  the  law 
now  in  force  as  to  general  elections.  Any  act  declared  to  be  an 
offense  by  the  general  laws  of  this  state  concerning  caucus  and  elec- 
tions shall  also,  in  like  case,  be  an  offense  in  all  primaries  held  under 
the  provisions  of  this  act  and  shall  be  punished  in  the  same  form  and 
manner  as  therein  provided,  and  all  the  penalties  and  provisions  of 


CORRUPT   PRACTICES. 


131 


the  law  as  to  such  caucuses  and  elections,  except  as  herein  otherwise 
provided,  shall  apply  in  such  cases  with  equal  force  and  to  the  same 
extent  as  though  fully  set  forth  in  this  act.     (Laws  1913,  p.  343.) 

Sec.  6036a.  Penalty. — Any  person  violating  any  of  the  provisions 
or  requirements  of  this  act  for  which  no  other  or  different  punishment 
is  prescribed  shall  be  guilty  of  a  felony  and  upon  conviction  be  pun- 
ished by  imprisonment  in  the  state  penitentiary  for  a  term  of  not 
less  than  two  nor  more  than  five  years.     (Laws  1913,  p.  343.) 

Sec.  6037.  Inconsistent  acts  repealed. — ^All  acts  and  parts  of  acts 
inconsistent  with  the  provisions  of  this  act  are  hereby  repealed. 
(Laws  1913,  p.  343.) 


ARTICLE    Xn. 


CORRUPT  PRACTICES. 


SEXn'ION 

6038.  Who   deemed  guilty  of  bribery. 

6039.  Other   persons   deemed    gruilty    of 

bribery. 

6040.  Candidates  guilty  of  bribery,  etc., 

when, 

6041.  Use  of,  or  threat  to  make  use  of 

violence,   etc.,   to  compel   or  In- 
duce persons  to  vote — ^penalty. 

6042.  Employes  to  be  allowed  four  hours 

—penalty,   etc. 

6043.  Corporation      using      threats      or 

money,   etc — penalty. 

6044.  Oflacer  of   corixjration   threatening 

discharge,  etc,  to  influence  em- 
ploye e — penalty. 

6045.  Personation  of  another — penalty. 

6046.  Amount  to  be  expended  by  candi- 

dates— how   determined. 

6047.  Statement  of  moneys  expended  to 

be  made,  filed,  etc — penalty  for 
failure. 

6048.  Failure  to  comply  with  preceding 

section — penalty. 

6049.  Statement    of    expenditures    to   be 

filed,   when. 

6050.  Person      receiving      next      highest 

number  of  votes  declared  elect- 
ed, when. 


SECTION 

6051.  Attorney-general,  duties  of. 

6052.  Attorney-general  or  prosecuting 
attorney  refusing  to  act.  Suit 
brought  by  whom. 

6053.  Actions  to  have  preference  on 
docket 

6054.  Judgment  in  favor  of  state  or 
plaintiff,  when. 

6055.  Oflice  declared  vacant,  when. 

6056.  Persons  not  to  be  excused  from 
answering  questions,  when. 

6057.  Who  deemed  a  political  commit- 
tee. 

6058.  Committee  to  appoint  treasurer — 
duties. 

6059.  Duties  of  treasurer. 

6060.  Statement  of  receipts  and  expendi- 
tures to  be  filed  by  treasurer. 

6061.  Statement  and  accounts  to  be  open 
to  Inspection. 

6062.  Treasurer  failing  to  file  statement 
— penalty. 

6063.  Failure  of  treasurer  to  keep  ac- 
count— mutilation  of  book — 
failure  to  file  statement — pen- 
alty. 


Sec.  6038.  Who  deemed  guilty  of  bribery. — The  following  per- 
sons shall  be  deemed  guilty  of  bribery  at  elections,  and  shall  be 
punished  accordingly: 

First — Every  person  who  shall  directly  or  indirectly,  by  himself,  or 
by  any  other  person  on  his  behalf,  give,  lend  or  agree  to  give  or  lend, 
or  shall  offer,  promise,  or  promise  to  procure  or  endeavor  to  procure, 
any  money  or  valuable  consideration  to  or  for  any  voter,  or  to  or  for 
any  person  on  behalf  of  any  voter,  or  to  or  for  any  other  person,  in 
order  to  induce  any  voter  to  vote,  or  refrain  from  voting,  or  shall  cor- 
ruptly do  any  such  act  as  aforesaid,  on  account  of  such  voter  having 
voted  or  refrained  from  voting  at  any  election. 


132  ELECTION   LAWS. 

Second — Every  person  who  shall,  directly  or  indirectly,  by  himself, 
or  by  any  other  person  on  his  behalf,  give  or  procure,  or  agree  to  give 
or  procure,  or  offer,  promise,  or  promise  to  procure,  or  endeavor  to 
procure,  any  office,  place  or  employment,  public  or  private,  to  or  for 
any  voter,  or  to  or  for  any  person  on  behalf  of  any  voter,  or  to  or  for 
any  other  person,  in  order  to  induce  such  voter  to  vote,  or  refrain 
from  voting,  or  shall  corruptly  do  any  such  act  as  aforesaid,  on  account 
of  any  voter  having  voted  or  refrained  from  voting  at  any  election. 

Third — Every  person  who  shall,  directly  or  indirectly,  by  himself, 
or  any  other  person  on  his  behalf,  make  any  such  gift,  loan,  offer, 
promise,  procurement  or  agreement  as  aforesaid,  to  or  for  any  person, 
in  order  to  induce  such  person  to  procure,  or  endeavor  to  procure,  the 
election  of  any  person  to  a  public  office,  or  the  vote  of  any  voter  at  any 
election. 

Fourth — ^Every  person  who  shall,  upon  or  in  consequence  of  any 
such  gift,  loan,  offer,  promise,  procurement  or  agreement,  procure  or 
engage,  promise,  or  endeavor  to  procure,  the  election  of  any  person 
to  a  public  office,  or  the  vote  of  any  voter  at  any  election. 

Fifth — Every  person  who  shall  advance  or  pay,  or  cause  to  be  paid, 
any  money  to  or  for  the  use  of  any  other  person,  with  the  intent  that 
such  money  or  any  part  thereof  shall  be  expended  in  bribery  at  any 
election,  or  who  shall  knowingly  pay  or  cause  to  be  paid  any  money, 
wholly  or  in  part,  expended  in  bribery  at  any  election;  and  any  per- 
son so  offending  shall  be  guilty  of  a  felony,  and  shall  be  punished  by 
imprisonment  in  the  penitentiary  for  a  term  of  not  less  than  two  years 
and  not  more  than  five  years ;  and  for  every  such  offense  he  shall  also 
forfeit  the  sum  of  five  hundred  dollars,  with  costs  of  suit,  to  any 
person  who  shall  sue  for  the  same  in  the  name  of  the  state  of  Mis- 
souri, to  the  use  of  the  person  suing,  in  any  circuit  court  in  this  state 
having  jurisdiction  of  the  person  of  the  defendant :  Provided,  always, 
that  the  foregoing  enactment  shall  not  extend  to  or  be  construed  to 
extend  to  any  money  paid  or  agreed  to  be  paid  for  or  on  account  of 
any  legal  expenses  bona  fide  incurred  at  or  concerning  any  election. 
(R.  S.  1899,  §  7171.) 

Sec.  6039.  Other  persons  deemed  guilty  of  bribery. — The  follow- 
ing persons  shall  also  be  deemed  guilty  of  bribery  at  elections,  and 
shall  be  punished  accordingly:  First,  every  voter  who  shall,  before 
or  during  any  election,  directly  or  indirectly,  by  himself,  or  by  any 
other  person  on  his  behalf,  receive,  agree  or  contract  for  any  money, 
gift,  loan  or  valuable  consideration,  office,  place  or  employment,  public 
or  private,  for  himself  or  for  any  other  person,  for  voting,  or  agreeing 
to  vote,  or  for  refraining  or  agreeing  to  refrain  from  voting  at  any 
election.  Second,  every  person  who  shall,  after  any  election,  directly 
or  indirectly,  by  himself,  or  by  any  other  person  on  his  behalf,  re- 
ceive any  money  or  valuable  consideration  on  account  of  any  person 
having  voted  or  refrained  from  voting,  or  having  induced  any  other 
person  to  vote  or  refrain  from  voting  at  any  election ;  and  any  person 
so  offending  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  imprisonment  in  the  county  jail  not  less  than  one  month  and  not 
more  than  one  year.     (R.  S.  1899,  §  7172.) 


CORRUPT   PRACTICES.  133 

Sec.  6040.  Candidates  gxiilty  of  bribery,  etc.,  when. — ^Any  candi- 
date for  a  public  office,  or  any  person  seeking  to  become  the  nominee 
of  any  party  as  such  candidate,  who,  within  ten  days  prior  to  any 
primary  election  or  meeting  held  to  select  delegates  to  a  convention 
to  nominate  a  candidate  for  the  public  office  which  he  seeks  to  obtain, 
or  who  within  sixty  days  prior  to  the  election  whereat  an  incumbent 
for  the  office  so  sought  by  him  is  chosen,  corruptly,  by  himself  or  by 
any  other  person,  directly  or  indirectly,  gives  or  provides  or  pays, 
wholly  or  in  part,  or  promises  to  pay,  wholly  or  in  part,  the  expense 
of  giving  or  providing  any  meat,  drink,  entertainment  or  provision 
to  or  for  any  person,  for  the  purpose  of  corruptly  influencing  that 
person  or  any  other  person,  to  give  or  refrain  from  giving  his  vote  at 
such  election,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  twenty-five  dollars  for  each  offense.  (R.  S.  1899, 
§  7173.) 

Sec.  6041.  Use  of,  or  threat  to  make  use  of  violence,  etc.,  to 
compel  or  induce  persons  to  vote — ^penalty. — ^Every  person  who  shall 
directly  or  indirectly,  by  himself,  or  any  other  person  on  his  behalf, 
make  use  of  or  threaten  to  make  use  of  any  force,  violence  or  re- 
straint, or  inflict  or  threaten  to  inflict,  by  himself  or  by  any  other 
person,  any  temporal  or  spiritual  injury,  damage,  harm  or  loss  upon 
or  against  any  person,  in  order  to  induce  or  compel  such  person  to 
vote  or  refrain  from  voting  at  any  election,  or  who  shall,  by  abduction, 
duress,  or  any  fraudulent  device  or  contrivance,  impede  or  prevent  the 
free  exercise  of  the  franchise  of  any  elector,  or  shall  thereby  compel, 
induce  or  prevail  upon  any  elector  either  to  give  or  refrain  from  giving 
his  vote  at  any  election,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  imprisonment  in  the  county 
jail  not  less  than  one  month  and  not  more  than  one  year.  (R.  S. 
1899,  §  7174.) 

Sec.  6041.  Employes  to  be  allowed  four  hours — ^penalty,  etc.— 
Any  person  entitled  to  vote  at  any  election  in  this  state  shall,  on  the 
day  of  such  election,  be  entitled  to  absent  himself  from  any  service  or 
employment  in  which  he  is  then  engaged  or  employed,  for  a  period 
of  four  hours  between  the  times  of  opening  and  closing  the  polls ;  and 
such  voter  shall  not,  because  of  so  absenting  himself,  be  liable  to  any 
penalty :  Provided,  however,  that  his  employer  may  specify  the  hours 
during  which  such  employe  may  absent  himself  as  aforesaid.  Any  per- 
son or  corporation  who  shall  refuse  to  any  employe  the  privilege  here- 
by conferred,  or  shall  discharge  or  threaten  to  discharge  any  employe 
for  absenting  himself  from  his  work  for  the  purpose  of  said  election, 
or  shall  cause  any  employe  to  suffer  any  penalty  or  deduction  of 
wages  because  of  the  exercise  of  such  privilege,  or  who  shall  directly 
or  indirectly  violate  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  be  fined  in  any 
sum  not  exceeding  five  hundred  dollars.     (R.  S.  1899,  §  7175.) 

Sec.  6043.  Corporation  using  threats  or  money,  etc. — penalty. — 
It  shall  not  be  lawful  for  any  corporation  organized  and  doing  busi- 
ness under  and  by  virtue  of  the  laws  of  this  state,  to  directly  or  in- 


134  ELECTION   LAWS. 

directly,  by  or  through  any  of  its  officers  or  agents,  or  by  or  through 
any  person  or  persons  for  them,  influence  or  attempt  to  influence  the 
result  of  any  election  to  be  held  in  this  state,  or  procure  or  endeavor 
to  procure  the  election  of  any  person  to  a  public  office  by  the  use  of 
money  belonging  to  such  corporation,  or  by  subscribing  any  money  to 
any  campaign  fund  of  any  party  or  person,  or  by  discharging  or 
threatening  to  discharge  any  employe  of  such  corporation  for  reason 
of  the  political  opinions  of  such  employe,  or  to  use  or  offer  to  use  any 
power,  effort,  influence  or  other  means  whatsoever,  to  induce  or  per- 
suade any  employe  or  other  person  entitled  to  register  before  or  vote 
at  any  election,  to  vote  or  refrain  from  voting  for  any  candidate,  or 
on  any  question  to  be  determined  or  at  issue  at  any  election.  Any 
violation  of  the  provisions  of  this  section  by  a  corporation  shall  be 
deemed  and  held  as  a  forfeiture  of  its  charter  or  franchise,  as  granted 
or  derived  from  the  state,  as  for  willful  misuser  thereof,  and  such 
corporation  shall  be  enjoined  from  transacting  any  business  in  this 
state;  and  such  forfeiture  or  injunction  may  be  adjudged  by  any 
circuit  court  of  any  county  in  which  such  corporation  is  located,  in  a 
suit  instituted  for  that  purpose,  in  the  name  of  the  state  of  Missouri, 
by  the  prosecuting  attorney  of  any  county,  and  in  the  city  of  St. 
Louis  by  the  circuit  attorney  or  by  the  attorney-general.  (R.  S.  1899, 
§  7176.) 

Sec.  6044.  Officer  of  corporation  threatening  discharge,  etc.,  to 
influence  employe — ^penalty. — ^Every  officer  or  agent  of  any  railroad  or 
other  corporation,  company  or  association,  and  every  individual  con- 
ducting or  carrying  on  any  business  in  this  state  and  having  under  his 
control  or  supervision,  or  in  his  employ  any  servants,  agents  or  other 
employes  entitled  to  vote  at  any  election  in  this  state,  who  shall  either 
directly  or  indirectly,  or  by  or  through  any  person  or  persons  for  him, 
discharge  or  offer  or  attempt  to  discharge  from  any  employment, 
service  or  position,  any  such  employe  for  reason  of  the  political  opin- 
ions or  belief  of  any  such  emj^oye,  or  who  shall  coerce  or  attempt  to 
coerce,  intimidate  or  bribe  any  employe,  or  who  shall  by  or  through 
any  unjust,  corrupt  or  unlawful  means,  procure  or  attempt  to  procure 
or  influence  any  employe  entitled  to  register  before  or  vote  at  any 
election,  to  vote  or  refrain  from  voting  for  any  candidate  for  any 
public  office  at  any  election,  or  on  any  question  to  be  determined  or  at 
issue  in  any  election  held  in  this  state,  shall  be  deemed  guilty  of 
a  felony,  and  on  conviction  thereof,  shall  be  punished  by  imprison- 
ment in  the  penitentiary  not  less  than  two  nor  more  than  five  years. 
(R.  S.  1899,  §  7177.) 

Sec.  6045.  Personation  of  another — penalty. — A  person  shall,  for 
all  purposes  of  this  article,  be  deemed  guilty  of  the  offense  of  persona- 
tion, who,  at  any  election  held  pursuant  to  the  laws  of  the  state,  ap- 
plies for  a  ballot  paper  in  the  name  of  some  other  person,  whether 
that  name  be  that  of  a  person  living  or  dead,  or  of  a  fictitious  person, 
or  who,  having  voted  once  at  any  election,  applies  at  the  same  election 
for  a  ballot  paper  in  his  own  name  or  any  other  name ;  and  any  person 
who  commits  the  offense  of  personation,  or  who  aids,  abets,  counsels 


CORRUPT   PRACTICES.  135 

or  procures  the  commission  of  that  offense,  shall  be  guilty  of  a  felony, 
and  upon  conviction  thereof  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  a  term  of  not  less  than  two  years  or  more  than  five 
years.     (R.  S.  1899,  §  7178.) 

S€C.  6046.  Amount  to  be  expended  by  candidates — ^how  de- 
termined.— No  candidate  for  congress  or  for  any  public  office  in  this 
state,  or  in  any  county,  district  or  municipality  thereof,  which  office  is 
to  be  filled  by  popular  election,  shall,  by  himself  or  by  or  through  any 
agent  or  agents,  committee  or  organization,  or  any  person  or  persons 
whatsoever,  in  the  aggregate  pay  out  or  expend,  or  promise  or  agree 
or  offer  to  pay,  contribute  or  expend  any  money  or  other  valuable 
thing  in  order  to  secure  or  aid  in  securing  his  nomination  or  election, 
or  the  nomination  or  election  of  any  other  person  or  persons,  or  both 
such  nomination  and  election,  to  any  office  to  be  voted  for  at  the  same 
election,  or  in  aid  of  any  party  or  measure,  in  excess  of  a  sum  to  be 
determined  upon  the  following  basis,  namely:  For  five  thousand 
voters  or  less,  one  hundred  dollars ;  for  each  one  hundred  voters  over 
five  thousand  and  under  twenty-five  thousand,  two  dollars;  for  each 
one  hundred  voters  over  twenty-five  thousand  and  under  fifty  thou- 
sand, one  dollar;  and  for  each  one  hundred  voters  over  fifty  thous- 
and, fifty  cents — the  number  of  voters  to  be  ascertained  by  the  total 
number  of  votes  cast  for  all  the  candidates  for  such  office  at  the  last 
preceding  regular  election  held  to  fill  the  same;  and  any  payment, 
contribution  or  expenditure,  or  promise,  agreement  or  offer  to  pay, 
contribute  or  expend  any  money  or  valuable  thing  in  excess  of  said 
sum,  for  such  objects  or  purposes,  is  hereby  declared  unlawful.  (R. 
S.  1899,  §  7179.) 

Sec.  6047.  Statement  of  moneys  expended  to  be  made,  filed,  etc. 
— penalty  for  failure. — Every  person  who  shall  be  a  candidate  before 
any  caucus  or  convention,  or  at  any  primary  election,  or  at  any  election 
for  any  state,  county,  city,  township,  district  or  municipal  office,  or  for 
senator  or  representative  in  the  general  assembly  of  Missouri,  or  for 
senator  or  representative  in  the  congress  of  the  United  States,  shall, 
within  thirty  days  after  the  election  held  to  fill  such  office  or  place, 
make  out  and  file  with  the  officer  empowered  by  law  to  issue  the 
certificate  of  election  to  such  office  or  place,  and  a  duplicate  thereof 
with  the  recorder  of  deeds  for  the  county  in  which  such  candidate  re- 
sides, a  statement  in  writing,  which  statement  and  duplicate  shall  be 
subscribed  and  sworn  to  by  such  candidate  before  an  officer  authorized 
to  administer  oaths,  setting  forth  in  detail  all  sums  of  money,  except 
all  sums  paid  for  actual  traveling  expenses,  including  hotel  or  lodging 
bills,  contributed,  disbursed,  expended  or  promised  by  him,  and,  to  the 
best  of  his  knowledge  and  belief,  by  any  other  persons  or  person  in 
his  behalf,  wholly  or  in  part  in  endeavoring  to  secure  or  in  any  way 
in  connection  with  his  nomination  or  election  to  such  office  or  place,  or 
in  connection  with  the  election  of  any  other  persons  at  said  election, 
and  showing  the  dates  when  and  the  persons  to  whom  and  the  pur- 
poses for  which  all  such  sums  were  paid,  expended  or  promised.  Such 
statement  shaU  also  set  forth  that  the  same  is  as  full  and  explicit  as 
affiant  is  able  to  make  it.     No  officer  authorized  by  law  to  issue  com- 


136  ELECTION   LAWS. 

missions  or  certificates  of  election  shall  issue  a  commission  or  certificate 
of  election  to  any  such  person  until  such  statement  shall  have  been  so 
made,  verified  and  filed  by  such  persons  with  said  officer.  (R.  S.  1899, 
§  7180.) 

Sec.  6048.  Failure  to  comply  with  preceding  section — ^penalty. — 
Any  person  failing  to  comply  with  the  provisions  of  section  6047  of 
this  article  shall  be  liable  to  a  fine  not  exceeding  one  thousand  dollars, 
to  be  recovered  in  an  action  brought  in  the  name  of  the  state  by  the 
attorney-general,  or  by  the  prosecuting  attorney  of  the  county  of  the 
candidate's  residence,  the  amount  of  said  fine  to  be  fixed  within  the 
above  limit  by  the  jury,  and  to  be  paid  into  the  school  fund  of  said 
county.     (R.  S.  1899,  §  7181.) 

Sec.  6049.  Statement  of  expenditures  to  be  filed,  when. — No 
person  shall  enter  upon  the  duties  of  any  elective  office  until  he  shall 
have  filed  the  statement  and  duplicate  provided  for  in  section  6047  of 
this  article,  nor  shall  he  receive  any  salary  or  any  emolument  for  any 
period  prior  to  the  filing  of  the  same.     (R.  S.  1899,  §  7182.) 

Sec.  6050.  Person  receiving  next  highest  number  of  votes  de- 
clared elected,  when. — At  any  time  during  the  term  of  office  of  any 
public  officer  elected  under  the  laws  of  this  state,  or  under  the  charter 
of  any  city  therein,  the  person  who  received  the  next  highest  number 
of  votes  for  such  office  at  the  election  at  which  such  public  officer 
was  elected,  as  shown  by  the  official  count,  may  present  an  application 
in  writing,  and  verified  by  his  affidavit,  to  the  attorney-general,  setting 
forth  one  or  more  of  the  following  charges  against  such  public  officer, 
to  wit :  That  at  the  election  at  which  such  public  officer  was  elected, 
the  total  amount  expended,  contributed  or  incurred  by  such  officer 
exceeded  the  sum  allowed  by  section  6046  of  this  article  for  such 
candidate,  or  that  votes  were  secured  by  him  or  his  agent  or  agents, 
or  with  his  consent  or  connivance,  or  with  the  consent  or  connivance 
of  his  agent  or  agents,  by  some  committee  or  organization,  or  some 
political  party,  of  which  party  such  public  officer  was  a  nominee,  or  by 
which  he  was  supported,  or  the  agent  or  agents  of  some  such  committee 
or  organization,  by  paying,  contributing,  offering  or  promising  to  con- 
tribute money  or  other  valuable  thing  as  a  compensation  or  reward, 
or  by  some  promise  or  infiuence,  the  giving  of  such  vote  or  votes,  or 
that  votes  were  withheld  from  such  applicant  by  reason  of  such 
practices  by  or  on  behalf  of  such  officer,  agent,  committee  or  organiza- 
tion, or  by  reason  of  some  act  on  behalf  of  such  officer  declared  by  this 
article  to  be  unlawful;  and  further  setting  forth  that  the  applicant 
desires  said  attorney-general  to  bring  an  action  to  have  such  public 
office  declared  vacant  on  account  of  said  violation  of  the  laws  con- 
cerning elections.  Such  application  shall  be  accompanied  by  a  bond 
to  the  state  of  Missouri  in  the  penalty  of  one  thousand  dollars,  sub- 
scribed by  two  sureties,  who  shall  justify  as  freeholders  of  the  state, 
and  in  double  the  amount  of  such  penalty,  exclusive  of  all  their  debts 
and  liabilities,  and  property  exempt  by  law  from  levy  and  sale  under 
execution — such  bond  to  be  conditioned  for  the  payment  to  the  state 
of  all  the  taxable  costs  and  disbursements  for  which  it  may  become 
liable  for  or  on  account  of  such  action.     (R.  S.  1899,  §  7183.) 


CORRUPT   PRACTICES.  137 

Sec.  6051.  Attorney-general,  duties  of. — ^It  shall  be  the  duty  of 
the  attorney-general,  within  ten  days  after  the  receipt  of  such  applica- 
tion and  bond,  to  begin  an  action  against  such  public  officer,  or  to 
instruct  the  prosecuting  attorney  of  the  county  in  which  such  public 
officer  resides,  to  bring  such  action  within  ten  days  after  such  notice, 
to  have  said  office  declared  vacant,  and  for  such  other  or  further  relief 
appropriate  in  an  action  against  the  usurper  of  any  office  or  franchise. 
Such  action  shall  be  deemed  to  be  and  shall  be  conducted  according  to 
the  rules  prescribed  by  law  for  an  action  against  the  usurper  of  an 
office  or  franchise ;  and  it  shall  be  the  duty  of  any  prosecuting  attorney 
to  bring  such  action  within  ten  days  after  the  receipt  of  such  notice 
from  the  attorney-general.     (R.  S.  1899,  §  7184.) 

Sec.  6052.  Attorney-general  or  prosecuting  attorney  refusing  to 
act,  suit  brought  by  whom. — In  case  the  attorney-general  and  prose- 
cuting attorney  shall  neglect  or  refuse  to  bring  such  action  within  the 
time  limited  in  section  6051  of  this  article,  it  shall  be  lawful  for  the 
applicant  to  bring  such  action  in  the  name  of  the  state,  but  at  his  own 
expense,  and  by  his  attorney  or  attorneys ;  and  in  any  action  so  brought 
by  said  applicant,  no  recovery  for  costs  and  disbursements  shall  be 
had  against  the  state :  Provided,  that  in  any  case,  whether  instituted 
by  the  attorney-general  or  the  prosecuting  attorney,  or  by  the  appli- 
cant in  person,  if  the  court  shall,  at  any  time  pending  such  action, 
find  the  bond  given  as  aforesaid  inadequate  in  amount  to  cover  the 
costs  accrued  or  likely  to  accrue  in  the  cause,  or  shall  find  any  surety 
or  sureties  insufficient,  additional  bond  or  other  sureties  may  be  re- 
quired by  the  court,  within  such  time  and  upon  such  terms  as  the 
court  may  order;  and  upon  failure  to  comply  with  any  such  order  of 
the  court,  such  action  may  be  dismissed  at  the  cost  of  the  applicant 
and  his  sureties.     (R.  S.  1899,  §  7185.) 

Sec.  6053.  Actions  to  have  preference  on  docket. — Such  action 
shall  have  a  preference  on  the  docket  of  any  court  of  the  state  in  which 
the  same  shall  be  pending,  over  all  other  civil  actions  whatever.  (R. 
S.  1899,  §  7186.) 

Sec.  6054.  Judgment  in  favor  of  state  or  plaintiff,  when.— If  it 
shall  be  determined  in  any  such  action  that  any  one  or  more  of  the 
charges  defined  in  section  6050  of  this  article,  and  set  forth  in  the 
petition,  has  been  sustained,  judgment  shall  be  rendered  ousting  and 
excluding  such  defendant  from  such  office,  and  in  favor  of  the  state 
or  plaintiff,  as  the  case  may  be,  subject  to  the  provisions  of  the  next 
succeeding  section,  and  for  the  costs  of  the  action.  But  if  no  one  of 
the  charges  set  forth  in  the  petition  in  said  cause  be  sustained,  judg- 
ment shall  be  rendered  against  such  applicant  and  his  sureties  on  the 
bond  or  bonds  for  the  costs  of  such  action.     (R.  S.  1899,  §  7187.) 

Sec.  6055.  Office  declared  vacant,  when. — ^In  any  such  action, 
such  applicant,  upon  his  own  motion  or  on  the  motion  of  the  defendant, 
shall  be  made  a  party  plaintiff;  and  in  any  case  in  which  such  appli- 
cant shall  be  a  party,  if  judgment  of  ouster  against  the  defendant 
shall  be  rendered,  as  provided  in  section  6054  of  this  article,  said  judg- 
ment shall  award  such  office  to  said  applicant,  unless  it  shall  be  fur- 


138  ELECTION   LAWS. 

ther  determined  in  such  action,  upon  appropriate  pleading  and  proof 
by  defendant,  that  some  act  has  been  done  or  committed  which  would 
have  been  ground  in  a  similar  action  against  such  plaintiff  had  he 
been  declared  elected  to  such  office,  for  a  judgment  of  ouster  against 
him;  and  if  it  shall  be  so  determined  at  the  trial,  such  office  shall  be 
in  the  judgment  declared  vacant,  and  shall  thereupon  be  filled  by  ap- 
pointment, or  a  new  election,  as  may  be  otherwise  provided  by  law 
regarding  such  office.     (E.  S.  1899,  §  7188.) 

Sec.  6056.  Persons  not  to  be  excused  from  answering  questions, 
when. — No  person  shall  be  excused  from  answering  any  question  on 
trial  of  such  action  relating  to  any  of  the  acts  claimed  to  have  been 
committed  by  any  party  thereto,  or  any  of  the  persons,  commit- 
tees or  organizations  mentioned  in  section  6052  of  this  article,  on  the 
ground  that  such  answer  would  tend  to  incriminate  or  degrade  such 
person  or  witness.  But  no  such  answer  or  answers  shall  be  used  or 
be  evidence  against  such  witness  in  any  criminal  action,  prosecution 
or  proceeding  whatever.     (R.  S.  1899,  §  7189.) 

Sec.  6057.  Who  deemed  a  political  committee. — Every  two  or 
more  persons  who  shall  be  elected,  appointed,  chosen  or  associated  for 
the  purpose,  wholly  or  in  part,  of  raising,  collecting  or  disbursing 
money,  or  of  controlling  or  directing  the  raising,  collection  or  disburse- 
ment of  money  for  election  purposes,  and  every  two  or  more  persons 
who  shall  co-operate  in  the  raising,  collection  or  disbursement,  or  in 
controlling  or  directing  the  raising,  collection  or  disbursement,  of 
money  used  or  to  be  used  in  furtherance  of  the  election  or  to  defeat 
the  election  to  public  office  of  any  person  or  any  class  or  number  of 
persons,  or  in  furtherance  of  the  enactment  or  to  defeat  the  enactment 
of  any  law  or  ordinance,  or  constitutional  provision,  shall  be  deemed 
a  political  committee  within  the  meaning  of  this  article.  (E.  S.  1899, 
§  7190.) 

Sec.  6058.  Committee  to  appoint  treasurer — duties. — ^Every  po- 
litical committee  shall  appoint  and  constantly  maintain  a  treasurer, 
to  receive,  keep  and  disburse  all  sums  of  money  which  may  be  col- 
lected or  received  or  disbursed  by  such  committee,  or  by  any  of  its 
members,  for  any  of  the  purposes  mentioned  in  section  6057  of  this 
article,  for  which  such  committee  exists  or  acts;  and,  unless  such 
treasurer  is  first  appointed  and  thereafter  maintained,  it  shall  be  un- 
lawful and  a  violation  of  this  article  for  a  political  committee  or  any 
of  its  members  to  collect,  receive  or  disburse  money  for  any  such 
purpose.  All  money  collected  or  received  or  disbursed  by  any  political 
committee,  or  by  any  member  or  members  thereof,  for  any  of  the  pur- 
poses mentioned  in  section  6057  of  this  article,  and  for  which  such 
committee  exists  or  acts,  shall  be  paid  over  and  made  to  pass  through 
the  hands  of  the  treasurer  of  such  committee,  and  shall  be  disbursed 
by  him;  and  it  shall  be  unlawful  and  a  violation  of  this  article  for 
any  political  committee,  or  for  any  member  or  members  of  a  political 
committee,  to  disburse  or  expend  money  for  any  of  the  objects  or 
purposes  mentioned  in  section  6057  of  this  article,  and  for  which  such 
committee  exists  or  acts,  until  the  money  so  disbursed  or  expended 


CORRUPT  PRACTICES.  139 

shall  have  passed  through  the  hands  of  the  treasurer  of  such  political 
committee.     (R.  S.  1899,  §  7191.) 

Sec.  6059.    Duties  of  treasurer. — ^Every  treasurer  of  a  political 
committee,  and  every  person  who  shall  at  any  time  act  as  such  treasurer, 
shall,  whenever  he  receives  or  disburses  money  as  such  treasurer,  or 
for  or  on  account  of  any  of  the  objects  or  purposes  mentioned  in  sec- 
tion 6057  of  this  article,  immediately  enter  and  thereafter  keep,  in  a 
I  proper  book  or  books  to  be  provided  and  preserved  by  him,  a  full, 
1  true  and  detailed  statement  and  account  of  each  and  every  sum  of 
money  so  received  or  disbursed  by  him,  setting  forth  in  such  state- 
ment the  sum  so  received  or  disbursed,  as  the  case  may  be,  and  the 
date  when  and  the  person  from  whom  received,  or  to  whom  paid,  as 
j  the  case  may  be,  and  the  object  and  purpose  for  which  such  sum  was 
received  or  disbursed.     (R.  S.  1899,  §  7192.) 

Sec.  6060.  Statement  of  receipts  and  expenditures  to  be  filed  by 
treasurer. — ^Every  treasurer  of  a  political  committee,  as  defined  in  this 
article,  and  every  person  who  shall  act  as  such  treasurer,  shall,  within 
thirty  days  after  each  and  every  election,  whether  state,  county,  city, 
municipal,  township  or  district  election,  in  or  concerning  or  in  con- 
nection with  which  he  shall  have  received  or  disbursed  any  money  for 
any  of  the  objects  or  purposes  mentioned  in  section  6057  of  this  article, 
prepare  and  file  in  the  ofiSce  of  the  recorder  of  deeds  of  the  county  in 
which  such  treasurer  resides  a  full,  true  and  detailed  account  and 
statement,  subscribed  and  sworn  to  by  him  before  an  officer  authorized 
to  administer  oaths,  setting  forth  each  and  every  sum  of  money  re- 
ceived or  disbursed  by  him  for  any  of  the  objects  or  purposes  men- 
tioned in  section  6057  of  this  article,  within  the  period  beginning 
ninety  days  before  such  election,  and  ending  on  the  day  on  which 
such  statement  is  filed,  the  date  of  each  receipt  and  each  disbursement, 
the  name  of  the  person  from  whom  received  or  to  whom  paid,  and  the 
object  or  purpose  for  which  the  same  was  received,  and  the  object  or 
purpose  for  which  disbursed.  Such  statement  shall  also  set  forth  the 
unpaid  debts  and  obligations,  if  any,  of  such  committee,  with  the 
nature  and  amount  of  each,  and  to  whom  owing,  in  detail,  and  if  there 
are  no  unpaid  debts  or  obligations  of  such  committee,  such  statement 
shall  state  such  fact.     (R.  S.  1899,  §  7193.) 

Sec.  6061.  Statements  and  accounts  to  be  open  to  inspection. — 
Every  officer  required  by  law  to  issue  certificates  of  election  or  com- 
missions as  the  result  of  elections,  shall  receive  and  file  in  his  office 
and  there  keep,  as  part  of  the  records  thereof,  for  four  years  after 
they  are  filed,  all  statements  and  accounts  required  by  this  article 
to  be  filed  with  him.  Such  statements  and  accounts  shall,  at  all  rea- 
sonable times,  be  open  to  public  inspection.  After  four  years  succeed- 
ing the  filing  of  such  statements,  they  shall  be  destroyed  by  such  officer, 
or  his  successor.  Copies  of  such  statements,  certified  by  such  officer, 
under  the  seal  of  his  office,  of  any  such  statement  or  statements,  and 
any  copy  so  certified,  shall  be  admitted  in  evidence  in  all  courts,  with 
like  force  and  effect  as  the  original  would  have  if  produced.  (R.  S. 
1899,  §  7194.) 


140 


ELECTION   LAWS. 


Sec.  6062.  Treasurer  failing  to  file  statement — ^penalty. — ^Every 
treasurer  of  a  political  committee,  as  defined  in  this  article,  who  shall 
willfully  fail,  neglect  or  refuse  to  make  out,  verify  and  file  with  the 
recorder  of  deeds  the  statement  required  by  section  6060  of  this  article, 
shall  be  guilty  of  a  misdemeanor,  and  upon  a  conviction  shall  be  fined 
not  less  than  fifty  nor  more  than  five  hundred  dollars.  (R.  S.  1899, 
§  7195.) 

Sec.  6063.  Failure  of  treasurer  to  keep  account — ^mutilation  of 
book — failure  to  file  statement — penalty. — Every  treasurer  of  a  po- 
litical committee,  and  every  person  who  shall  receive  any  money  to  be 
applied  to  any  of  the  purposes  mentioned  in  section  6057  of  this  article, 
who  shall  either: 

First — Neglect  or  fail  to  keep  a  correct  book  or  books  of  account, 
setting  forth  all  the  details  required  to  be  set  forth  in  the  account  and 
statement  contemplated  in  sections  6059  and  6060  of  this  article,  ex- 
cept that  the  book  or  books  need  not  be  subscribed  or  sworn  to,  with 
intent  to  conceal  the  receipt  or  disbursement  of  any  such  sum  received 
or  disbursed  by  him  or  by  any  other  person,  or  the  purpose  or  object 
for  which  the  same  was  received  or  disbursed,  or  to  conceal  the  fact 
that  there  is  any  unpaid  debt  or  obligation  of  such  treasurer  or  com- 
mittee, or  the  nature  or  amount  thereof,  or  to  whom  owing,  in 
detail;  or. 

Second — Mutilate,  deface  or  destroy  any  such  book  or  books  of 
account,  with  intent  to  conceal  any  fact  disclosed  by  such  book  or 
books;  or, 

Third — ^Fail  to  file  the  statement  and  account  contemplated  by 
said  section  6060  within  five  days  after  he  shall  receive  notice,  in 
writing,  signed  by  five  resident  freeholders  of  the  county  in  which 
such  treasurer  or  political  committee  or  person  resides,  requesting  him 
to  file  statement  and  account,  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  imprisoned  in  the  county  jail  for  not  less  than 
two  or  more  than  six  months.     (R.  S.  1899,  §  7196.) 


AKTICLB    XIII. 

REGISTRATION  IN  CITIES  WITH  25,000  AND  LESS  THAN  100.000  INHABITANTS. 


60«5. 
6066. 


SECTION 
6064.    Registration  In  cities  of  25,000  and 

less   than    100,000    Inhabitants. 

Who  may  be  registered. 

County   clerk   to   provide  registra- 
tion book — oath — form  of  book. 
6067.    Registrar,     appointment,     election, 
qualifications  and  powers  of. 

Qualifications       of       voters — chal- 
lenges— rejected  ballots. 

County  clerks  to   deliver  regrlstra- 
tlon  books  to  registering  ofllcers. 

Registration,    days    of,    places    for 
and  notice  of  registration. 

Deputy  registrars. 

Board  of  revision — duties  of. 


6069. 


6070. 


6071. 
6072. 


SECTION 

6073.  Voter  absent  from  city  on  day  of 

regristration,  may  have  his  name 
placed  on  registration  list,  how. 

6074.  Hours  of  registration. 

6075.  County    clerk    to    deliver    original 

registration  book  and  copy. 

6076.  Duties   of  clerks    of    election — re- 

turn of  books, 

6077.  Pay    of    registration    officers — ex- 

penses. 

6078.  Elections,   how   conducted. 

6079.  Registered  voters— additional  llstff 

to  be  furnished  by  county  clerk. 

6080.  Circuit  courts  to  have  supervisory 

control   of  registration. 


REGISTRATION  CITIES   25,000   TO    100,000. 


141 


SECTION 

6081.  Special  registration,  day  of. 

6082.  Additional  registration,  eta 
Voting  precincts — duty  of  common 

council. 
Registrar  not  to  be  a  candidate. 
Restrictions — illegal   registration — 

penalty. 
Corrupt     registration — refusal     to 


6084. 
6085. 


SECTION 

register     qualified     voters — ^pen- 
alty on  registrar. 
6087.    Challenge    by    registrar — proceed- 
ings. 
Destroying  or  mutilating  regrlstra- 

tion  book — penalty. 
Justice  of  county  court  failing  of 
duty,  penalty. 


6089. 


Sec.  6064.  Registration  in  cities  of  25,000  and  less  than  100,000 
inhabitants. — There  shall  be  a  registration  of  all  the  qualified  voters 
in  cities  having  a  population  of  twenty-five  thousand  inhabitants  and 
less  than  one  hundred  thousand  inhabitants,  whether  organized  under 
general  law  or  special  charter,  which  registration  shall  be  had  under 
the  provisions  of  this  article;  and  for  the  purpose  of  ascertaining  or 
determining  the  population  of  cities  within  this  state  that  may  have 
a  population  of  at  least  twenty-five  thousand  and  less  than  one  hundred 
thousand,  the  aggregate  vote  cast  for  the  first  candidate  on  each  ticket 
voted  for  at  the  last  preceding  presidential  election  in  such  cities, 
shall  be  multiplied  by  five,  and  the  product  shall  be  deemed  to  be  the 
number  of  inhabitants  in  such  city.     (R.  S.  1899,  §  7197.) 

Sec.  6065.  Who  may  be  registered. — ^Every  male  citizen  of  the 
United  States,  and  every  person  of  foreign  birth  who  may  have  de- 
clared his  intention  to  become  a  citizen  of  the  United  States  accord- 
ing to  law  not  less  than  one  year  nor  more  than  five  years  before  he 
offers  to  vote,  who  is  over  the  age  of  twenty-one  years,  who  has 
resided  in  this  state  one  year  next  preceding  the  election  at  which  he 
offers  to  vote,  and  during  the  last  sixty  days  of  that  time  shall  have 
resided  in  the  city,  and  during  the  last  ten  days  of  that  time  in  the 
ward  at  which  he  offers  to  vote,  who  has  not  been  convicted  of  bribery, 
perjury  or  other  infamous  crime,  nor  directly  interested  in  any  bet 
or  wager  depending  upon  the  result  of  the  election,  nor  serving  at 
the  time  in  the  regular  army  or  navy  of  the  United  States,  shall  be 
entitled  to  vote  at  such  election  for  all  offices,  state  or  municipal,  made 
elective  by  the  people,  or  at  any  other  election  held  in  pursuance  of 
the  laws  of  this  state ;  but  he  shall  not  vote  elsewhere  than  in  the  elec- 
tion precinct  where  his  name  is  registered,  and  whereof  he  is  registered 
as  a  resident.     (R.  S.  1899,  §  7198.) 

Sec.  6066.  County  clerk  to  provide  registration  book — oath — form 
of  book. — The  clerk  of  the  county  court  for  general  or  special  election, 
in  cities  of  twenty-five  thousand  and  less  than  thirty  thousand  in- 
habitants in  this  state,  shall  provide  a  suitable  registration  book  for 
each  election  district  in  their  several  cities,  which  shall  have  written 
or  printed  therein  the  following  oath:  ''We,  the  undersigned,  do 
solemnly  swear  (or  affirm)  that  we  will  support  the  Constitution  of 
the  United  States  and  of  the  state  of  Missouri ;  and  we  do  further  swear 
(or  affirm)  that  we  have  not  registered  in  any  other  election  district, 
that  we  and  each  of  us  have  given  our  true  names  and  places  of  resi- 
dence as  hereto  subscribed."    The  registration  books  and  the  registra- 


142 


ELECTION   LAWS. 


tion  lists  of  poll  books,  as  hereinafter  provided  to  be  delivered  to  the 
judges  of  election,  shall  be  in  the  following  form : 


1 

g 

Name. 

Residence. 

Il 

a 
c 
B 

1 

•  o 

(R.  S.  1899,  §  7199.) 

Cited  in  Donnell  v.  Lee,  101  A,  191. 

Sec.  6067.  Registrar,  appointment,  election,  qualifications  and 
powers  of. — In  all  cities  of  this  state  which  now  contain  or  may  here- 
after contain  twenty-five  thousand  inhabitants  and  less  than  one  hun- 
dred thousand  inhabitants,  at  each  general  election  for  state  officers, 
there  shall  be  elected,  in  each  election  district  of  such  cities,  by  the 
qualified  voters  of  such  election  district,  one  registrar  of  elections, 
who  shall  have  the  qualifications  of  an  elector  in  his  election  district, 
and  be  an  owner  of  real  estate  in  this  state,  and  who  shall  hold  his 
office  for  two  years  and  until  his  successor  is  elected  and  qualified. 
Said  registrars  shall  have  the  authority  to  administer  all  oaths  which 
may  be  necessary  in  the  registration  of  voters.  All  vacancies  occurring 
in  the  office  of  registrar  of  elections  for  any  election  district  in  such 
cities  shall  be  filled  by  the  respective  city  councils  of  such  cities,  and 
whenever  any  city  shall,  by  law,  for  the  first  time  come  under  the 
operations  of  this  section,  the  city  council  of  such  city  shall,  not  less 
than  ninety  days  prior  to  the  first  municipal  or  general  election  held 
in  such  city  after  it  shall  come  under  the  operation  of  this  section, 
appoint  registrars  of  elections  for  each  of  the  election  districts  of  said 
cities,  who  shall  serve  until  their  successors  are  duly  elected  at  the 
next  regular  election  for  that  purpose  and  qualified.  When  any  city 
shall  first  come  under  the  provisions  of  this  section,  and  the  first  elec- 
tion held  in  such  city,  after  it  shall  come  under  its  provisions,  shall 
be  a  municipal  election,  the  registrars  herein  provided  for  shall  hold 
a  special  registration  in  such  city,  under  the  provisions  of  this  article 
within  forty  days  next  preceding  the  tenth  day  prior  to  such  municipal 
election.    (R.  S.  1899,  §  7200.) 

Sec.  6068.  Qualifications  of  voters — challenges — ^rejected  ballots. 
Any  person  having  the  qualification  of  a  voter  as  prescribed  in  this 
article,  and  who  shall  take  and  subscribe  the  oath  required  of  voters 


REGISTRATION  CITIES   25,000   TO    100,000.  143 

by  this  article,  and  who  applies  for  registration  at  the  time  and  in  the 
manner  prescribed  by  law,  and  any  naturalized  citizen  who  shall  sub- 
scribe to  a  written  statement  under  oath  before  the  registrar  that  he 
is  naturalized  according  to  the  laws  of  the  United  States  and  of  this 
article,  and  that  his  naturalization  papers,  or  evidence  of  his  citizen- 
ship, have  been  lost  or  destroyed,  or  that  the  same  are  not  accessible 
to  him,  and  shall  state  where  he  was  naturalized,  shall  be  accepted  by 
the  registering  officer,  and  duly  registered  as  a  qualified  voter: 
Provided,  any  person  registered  according  to  the  provisions  of  this 
article,  when  he  offers  to  vote,  may  be  challenged  as  disqualified  by 
any  person  who  is  an  elector  of  this  state;  and  it  shall  be  the  duty 
of  the  judges  of  election  to  try  and  determine,  in  a  summary  manner, 
before  the  close  of  the  polls,  the  qualifications  of  any  person  chal- 
lenged as  aforesaid,  and  upon  proof  that  the  person  so  challenged  is 
not  a  qualified  voter,  the  judges  of  election  shall  reject  his  vote,  and 
they  shall  state,  opposite  the  name  of  the  person  on  the  registered  list 
of  voters  whose  vote  is  rejected,  the  nature  of  his  disqualification  and 
the  names  of  the  witnesses  upon  whose  testimony  his  vote  was  re- 
jected; but  the  vote  of  no  person  who  may  be  challenged  shall  be 
rejected  except  upon  the  testimony  of  two  credible  witnesses;  and 
provided  further,  that  the  party  challenging  the  right  of  any  person 
to  vote  shall  swear,  before  the  judges  of  election  at  the  time  of  so 
challenging  the  vote,  that  to  the  best  of  his  knowledge  and  belief  the 
party  (naming  him)  is  not  a  qualified  voter  under  the  laws  of  this 
state,  and  he  shall  also  swear  to  the  reasons  which  disqualify  him  from 
voting;  and  provided  further,  that  the  ballot  of  such  person  so  rejected 
shall  be  preserved  and  returned  with  the  books  and  other  ballots  in  a 
separate  envelope  marked  rejected  hallots,  and  the  clerk  of  the  county 
shall  preserve  the  same  in  his  office.    (R.  S.  1899,  §  7201.) 

Sec.  6069.  County  clerks  to  deliver  registration  books  to  register- 
ing  officers. — The  clerk  of  the  county  court  shall  deliver,  or  cause  to 
be  delivered,  the  registration  books  required  by  section  6066  of  this 
article,  to  the  various  registering  officers  of  his  county,  at  least  three 
days  before  the  time  set  for  any  registration,  and  they  shall  be  returned 
by  such  officers  to  the  county  clerk,  together  with  a  copy  thereof, 
alphabetically  arranged,  all  and  each  of  which  duly  certified  under 
their  hands,  within  three  days  after  the  close  of  each  registration,  and 
be  kept  by  the  clerk,  subject  to  public  inspection.    (R.  S.  1899,  §  7202.) 

Sec.  6070.  Registration,  days  of,  places  for  and  notice  of  registra- 
tion.— The  county  court  of  each  county  containing  cities  of  twenty-five 
thousand  and  less  than  one  hundred  thousand  inhabitants,  shall  ap- 
point days  of  registration,  not  to  exceed  five  in  each  election  district 
of  said  cities,  which  shall  be  within  forty  days  next  preceding  the 
tenth  day  prior  to  every  biennial  election ;  the  county  court  of  each  of 
said  counties  shall  also  appoint,  at  least  ten  days  before  any  special 
or  municipal  election  held  in  their  county,  days  of  registration,  not 
exceeding  three,  in  each  election  district  of  said  cities,  for  the  pur- 
poses of  such  special  or  municipal  election,  at  which  time  those  who 
have  become  entitled  to  register  at  the  last  general  registration,  but 


144  ELECTION   LAWS. 

who  having  for  any  cause  failed  or  neglected  to  do  so,  may  register 
upon  compliance  with  the  provisions  of  this  article.  All  registration 
of  voters  under  this  article  shall  be  held  at  the  place  of  voting  estab- 
lished by  the  county  court  in  each  election  district;  and  the  county 
court  shall  give  notice  of  such  registration  and  the  places  where  the 
same  is  to  be  held,  by  publication  thereof  in  a  daily  newspaper  pub- 
lished in  said  city  for  ten  days  next  preceding  such  registration.  (R. 
S.  1899,  §  7203.) 

Sec.  6071.  Deputy  registrars. — Wherever  there  shall  be  more  than 
one  precinct  in  any  election  district  in  which  registration  is  required 
to  be  made  under  this  article,  the  registrars  shall  appoint  one  deputy 
registrar  for  each  additional  precinct,  who  shall  be  vested  with  all 
the  powers  and  duties  of  the  registrar  of  the  district.  Each  deputy 
so  appointed  shall  reside  in  the  precinct  for  which  he  is  appointed; 
shall  have  the  qualifications  of  an  elector  therein,  and  be  an  owner  of 
real  estate  in  the  state.     (R.  S.  1899,  §  7204.) 

Sec.  6072.  Board  of  revision — duties  of. — On  the  Friday  and 
Saturday  preceding  the  seventh  day  before  each  general  election,  the 
registrars  of  each  district  shall  meet  at  the  courthouse  in  said  city 
as  a  board  of  revision.  They  shall  pass  upon  the  claims  of  all  persons 
asking  to  be  registered  and  who  shall  not  have  been  registered,  and 
also  upon  all  objections  to  parties  who  have  been  registered  as  qualified 
voters.  They  shall  add  to  the  list  in  each  precinct  the  names  of  such 
persons  as  are  legally  entitled  to  registration  therein,  and  shall  strike 
therefrom  such  as  have  been  improperly  registered;  but  the  name  of 
no  person  shall  be  stricken  from  the  list  unless  he  shall  have  had  at 
least  two  days'  notice  in  writing  of  the  time  and  place  his  case  will 
be  heard :  Provided,  if  objections  shall  be  made  at  the  time  the  person 
is  registered,  no  notice  shall  be  necessary,  but  such  objection  and  the 
name  of  the  objector  shall  be  noted  at  the  time  of  registration  by  the 
registering  officer.  If  any  person  who  has  been  duly  registered  re- 
moves his  residence  from  the  election  district  in  which  he  is  registered 
to  another  election  district  in  the  same  city,  not  less  than  ten  days 
previous  to  the  next  election  following,  the  registration  officers  of  the 
district  whence  he  removed  shall  grant  him  a  certificate  of  registra- 
tion, and  write  the  word  removed  opposite  his  name  on  the  registration 
book  of  that  district;  upon  the  presentation  of  his  certificate  to  the 
board  of  revision,  he  shall  be  entered  as  a  registered  voter  in  the  dis- 
trict to  which  he  has  removed,  on  or  before  the  day  of  election,  and 
be  entitled  to  vote  in  such  district.     (R.  S.  1899,  §  7205.) 

Sec.  6073.  Voter  absent  from  city  on  day  of  registration,  may 
have  his  name  placed  on  registration  list,  how. — Any  voter  who  is 
absent  from  the  city  on  the  days  of  registration  on  account  of  business 
or  sickness  may  have  his  name  placed  on  the  registration  list  at  any 
time  before  the  board  of  revision  meets,  by  filing  with  the  registrar 
of  the  precinct  in  which  he  is  a  voter,  his  affidavit  made  before  some 
officer  authorized  by  the  laws  of  this  state  to  administer  oaths,  setting 
forth  the  facts  that  he  is  a  legal  voter  in  such  precinct  and  is  entitled 
to  register  and  vote  therein,  also  stating  his  place  of  residence,  and 


REGISTRATION   CITIES   25,000   TO    100,000.  145 

that  he  was  prevented  from  registering  on  the  registration  days,  be- 
cause he  was  absent  from  the  city  on  account  of  business  or  sickness ; 
and  he  shall  also  include  in  said  affidavit  the  oath  that  other  voters 
are  required  to  take  who  register  on  said  registration  days.  The 
registrars  shall  file  all  affidavits  made  as  aforesaid,  vrith  the  board 
of  revision  on  the  first  day  of  the  meeting  of  said  board;  and  any 
objections  made  to  the  registering  of  any  person  by  affidavit  as  afore- 
said shall  be  passed  upon  by  said  board  of  revision  in  the  same  man- 
ner as  objections  to  other  registered  voters.  The  said  board  shall 
upon  the  completion  of  its  work  deliver  all  such  affidavits  to  the  clerk 
of  the  county  court  who  shall  safely  keep  the  same.  (Laws  1901, 
p.  145.) 

Sec.  6074.  Hours  of  registration.— The  registration  officers  shall, 
in  the  discharge  of  their  duties,  attend  at  the  places  of  registration 
in  their  respective  districts  on  the  days  appointed  by  the  county  court 
and  by  this  article,  from  the  hours  of  eight  o'clock  in  the  forenoon 
until  nine  o'clock  p.  m.  of  each  day,  and  shall,  without  delay,  register 
all  persons  as  voters  who,  having  the  qualifications  prescribed  by  law, 
present  themselves  therefor  and  take  the  oath  required  by  this  article. 
(R.  S.  1899,  §  7206.) 

Sec.  6075.  County  clerk  to  deliver  original  registration  book  and 
copy. — The  county  clerk  of  each  county  containing  cities  in  which 
registration  may  be  had  under  and  by  virtue  of  this  article  shall,  on 
the  day  before  the  election  for  which  any  such  registration  was  made, 
deliver  to  the  judges  of  election  appointed  under  and  by  virtue  of 
the  general  law  of  elections,  the  original  registration  book  of  their 
respective  precincts,  together  with  a  copy  thereof,  heretofore  required 
to  be  made,  and  shall  take  the  receipt  of  one  of  the  judges  therefor. 
(R.  S.  1899,  §  7207.) 

Sec.  6076.  Duties  of  clerks  of  election — ^return  of  books. — The 
clerks  of  the  election  shall,  at  the  time  any  person  votes  or  offers  to 
vote,  enter  the  words  voted  or  rejected,  as  the  case  may  be,  opposite 
the  voter's  name,  on  the  registration  books  or  lists  furnished  them, 
in  the  appropriate  column ;  and  at  the  close  of  the  polls  the  registration 
book  or  lists  shall  be  signed  by  the  judges  and  attested  by  the  clerks, 
and  the  names  therein  marked  voted  shall  be  counted  and  the  number 
set  down  at  the  foot  of  the  registration  book  or  list,  and  any  variance 
between  that  and  the  number  of  ballots  counted,  noted  on  said  books ; 
and  the  names  therein  marked  rejected,  or  otherwise  disposed  of,  shall 
be  counted  and  the  number  set  down  at  the  foot  of  the  registration 
book  or  list,  and  any  variance  between  that  and  the  number  of  rejected 
ballots  noted  in  like  manner.  The  registration  books  shall  then  be 
returned  to  the  county  clerk  in  the  manner  now  provided  by  law  for 
the  return  of  poll  books.     (R.  S.  1899,  §  7208.) 

Sec.  6077.  Pay  of  registration  officers — expenses. — Each  registra- 
tion officer,  including  deputies,  shall  receive  for  his  services,  under  this 
article,  three  dollars  per  day  for  each  day  necessarily  occupied  in  the 
discharge  of  his  duties,  and  all  other  officers  shall  receive  the  like  fees 
as  now  allowed  by  law  for  similar  services.     All  expenses  incurred 

E    Lr— 10 


146  ELECTION   LAWS. 

under  this  article  shall  be  paid  out  of  the  respective  county  treasuries. 
(R.  S.  1899,  §  7209.) 

Sec.  6078.  Elections,  how  conducted. — All  elections  in  such  city 
shall  be  conducted  in  all  respects  as  provided  in  this  article,  and.  sub- 
ject to  all  the  provisions  of  chapter  43  of  the  Revised  Statutes,  entitled 
*^ Elections/^  so  far  as  the  same  do  not  conflict  with  this  article.  (R. 
S.  1899,  §  7210.) 

Sec.  6079.  Registered  voters — additional  lists  to  be  furnished  by 
county  clerk. — In  case  any  such  city  shall  desire  one  or  more  certified 
lists  of  the  registered  voters  resident  within  their  corporate  limits,  to 
be  used  by  the  judges  of  the  election  at  any  corporate  election,  the 
clerk  of  the  county  court  is  directed,  on  demand  of  the  lawful  authori- 
ties of  such  city,  to  make  out  and  certify  such  lists,  but  all  expenses 
thereof  shall  be  paid  by  the  said  city.    (R.  S.  1899,  §  7211.) 

Sec.  6080.  Circuit  courts  to  have  supervisory  control  of  registra- 
tion.— The  circuit  court  of  the  several  counties  shall  have  a  supervisory 
control  over  the  registration  officers  appointed  or  elected  by  virtue  of 
this  article,  and  the  clerks  of  the  county  courts,  touching  all  matters 
appertaining  to  the  registration  of  voters.     (R.  S.  1899,  §  7212.) 

Sec.  6081.  Special  registration,  day  of. — There  shall  be  a  special 
registration  held  according  to  the  provisions  of  this  article,  com- 
mencing on  the  31st  day  of  March,  1890,  in  all  the  counties  of  this 
state  containing  cities  of  twenty-five  thousand  and  less  than  thirty 
thousand  inhabitants,  for  said  cities.     (R.  S.  1899,  §  7213.) 

Sec.  6082.  Additional  registration,  etc. — ^Additional  registration 
shall  be  made  for  special  elections,  except  elections  for  school  purposes, 
but  after  the  special  registration  provided  for  in  the  next  preceding 
section  shall  have  been  made,  no  special  election  shall  be  invalidated 
because  of  a  failure  to  make  such  registration.     (R.  S.  1899,  §  7214.) 

Sec.  6083.  Voting  precincts — duty  of  common  council. — The  com- 
mon council  of  every  city  in  which  registration  of  voters  may  be  had 
under  and  by  virtue  of  any  special  charter,  or  under  the  provisions  of 
this  article,  may,  by  ordinance,  provide  for  two  or  more  voting  pre- 
cincts in  each  ward  of  such  city,  and  such  common  council  may,  by 
ordinance,  make  such  provisions  as  to  judges  and  clerks  of  elections 
and  additional  copies  of  registration  lists  and  the  use  of  such  copies 
at  such  voting  precincts,  as  may  be  necessary  in  the  premises.  (R.  S. 
1899,  §  7215.) 

Sec.  6084.  Registrar  not  to  be  a  candidate. — No  registrar  shall 
be  a  candidate  for  any  office  under  the  laws  of  this  state  at  the  general 
or  special  election  for  which  registration  has  been  made  by  him.  (R. 
S.  1899,  §  7216.) 

Sec.  6085.  Restrictions — ^illegal  registration — ^penalty. — No  per- 
son shall  register  in  any  election  district  other  than  the  one  in  which 
he  resides  at  the  time  of  registration.  Any  person  registering  under 
an  assumed  name,  or  name  other  than  his  own,  or  who  shall  register 
in  more  than  one  election  district  at  any  registration,  or  shall  willfully 
and  illegally  procure  his  name  to  be  placed  upon  the  registration  lists 
of  voters  when  not  entitled  thereto,  shall,  on  conviction,  be  adjudged 


REGISTRATION,   CITIES,    25,000   TO    100,000.  147 

guilty  of  a  felony,  and  be  punished  by  imprisonment  in  the  peniten- 
tiary not  exceeding  five  years,  or  in  the  county  jail  not  less  than  six 
months  nor  more  than  one  year,  or  by  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars,  or  by  both  such 
fine  and  imprisonment.  (R.  S.  1899,  §  7217,  amended,  Laws  1909, 
p.  494.) 

Sec.  6086.  Corrupt  registration— refusal  to  register  qualified^ 
voters — penalty  on  registrar. — Any  registrar  who  shall  knowingly  and- 
corruptly  register  any  person  as  a  voter  who  is  not  entitled  so  to  be 
registered,  and  any  registrar  who  shall  willfully  and  maliciously  or 
corruptly  refuse  to  register  any  person  entitled  to  be  registered  as 
a  voter,  shall  on  conviction  thereof  be  punished  by  a  fine  not  to  exceed 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  to  ex- 
ceed one  year ;  and  shall  for  ten  years  thereafter  be  disqualified  from 
voting  at  any  election  held  in  this  state,  or  from  holding  any  office 
of  honor,  profit  or  trust  under  the  laws  of  this  state.  (R.  S  1899  S 
7218.)  ' 

Sec.  6087.  Challenge  by  registrar— proceedings.— If  the  right  of 
any  person  to  register  as  a  qualified  voter  be  challenged,  or  if  the 
registrar  doubts  the  qualifications  of  any  person  applying  for  regis- 
tration, such  person  shall  file  with  the  registrar  his  second  written 
statement  as  to  his  qualifications  as  a  voter,  as  prescribed  by  the  pro- 
visions of  this  article,  which  statement  shall  be  conclusive  of  the  facts 
therein  contained,  and  shall  be  returned  by  the  registrar,  with  his 
books,  to  the  county  clerk  of  the  county,  and  filed  and  preserved  by 
him.     (R.  S.  1899,  §  7219.) 

Sec.  6088.    Destroying  or  mutilating  registration  book,  penalty . 

Whoever  shall  willfully  and  maliciously  destroy,  mutilate  or  deface, 
or  take  by  violence  from  any  registrar,  judge  of  election,  county  clerk 
or  other  proper  custodian,  or  steal,  take  and  carry  away  from  it» 
proper  custodian,  any  book  of  registration  or  list  of  voters  required 
by  this  article  to  be  made  or  kept,  shall,  on  conviction  thereof,  be- 
punished  by  imprisonment  in  the  county  jail  not  more  than  twelve 
months,  or  by  a  fine  not  exceeding  five  hundred  dollars,  or  by  both 
such  fine  and  imprisonment.     (R.  S.  1899,  §  7220.) 

Sec.  6089.  Justice  of  county  court  failing  of  duty,  penalty.— Any 
justice  of  the  county  court,  or  any  other  officer  who  shall  be  charged 
with  the  performance  of  any  duties  appertaining  to  the  registration 
of  voters,  who  shall  willfully  and  corruptly  fail  or  refuse  to  perform 
the  same,  shall  be  deemed  guilty  of  a  misdemeanor  in  office  CR  R 
1899,  §  7221.)  '     ^    * 


148 


ELECTION  LAWS. 


ARTICLE    XIV. 

REGISTRATION    AND    ELECTIONS    IN    CITIES    HAVING    100,000    INHABITANTS 

OR  OVER. 


SECTION 

6090.    Registration  provided  for. 

•€091.  Board  of  election  commissioners 
created — how  and  by  whom  ap- 
pointed— vacancies,  how  filled — 
duties  of  governor  and  mayors — 
qualifications  and  duties  of  com- 
missioners. 

;GA92.  Duty  of  commissioners  to  divide 
city  into  election  precincts — re- 
arrangement of  districts  after 
elections. 

^093.  Ballot  boxes,  poll  books,  etc.,  to  be 
provided  by  board. 

'6094.  General  registration  of  voters  pro- 
vided for. 

6095.  Judges  and  clerks  of  election,  how 

chosen — qualification. 

6096.  How  judges  and  clerks  of  election 

shall  be  chosen — penalty  for  fail- 
ure to  appear  and  serve. 

45097.  Examination  of  judges  and  clerks 
of  election. 

*0"98.  Selections  of  Judges  and  clerks  to 
be  reported  to  circuit  court — ob- 
jections— vacancies,  how  filled. 

6099.  Oath  of  judges  and  clerks. 

6100.  Board   to   select  place   of   registry 

and  polling  places. 

flOl.  Clerk  to  furnish  names  of  persons 
convicted  of  felony — justices, 
names  of  persons  convicted  of 
misdemeanor  connected  with 
right  of  suffrage — governor  to 
furnish  list  of  pardons. 

6102.  List  of  deceased  male  adults  to  be 
furnished — penalty. 

•103.  Commissioner  to  furnish  lists  to 
judges. 

<104.  Notice  of  time  and  place  of  regis- 
tration and  election  to  be  griven. 

4S105.  Board  to  make  rules  and  regula- 
tions. 

€196.    Election  days  declared  holidays. 

6107.  Subsequent  selections  of  judges  and 
clerks. 

€108.  Judges  to  constitute  precinct 
boards  of  regristry. 

«109.    Qualifications  of  voters. 

€110.  When  registration  shall  be  made — 
how  conducted. 

.<110a.  Qualified  voters  absent  or  sick 
may  file  application  or  regflstra- 
tion — statement  to  be  filed — to 
be  heard,  when. 

-^lll.  Attestation  of  each  day's  registra- 
tion lists. 

»J112.  Public  exhibition  of  registry  lists 
proceedings  when  applicant  for 
registration  Is  rejected. 

*113.  ■  Clerks  of  election  constituted  pre- 
cinct canvassers — duties. 


SECTION 

6114.  Notices  to  be  sent  to  persons  not 

found. 

6115.  Revision  of  registry — false  affida- 

vit, penalty — ^naturalized  citi- 
zens. 

6116.  Correction,   verification   and  print- 

ing  of   registers. 

6117.  Application   for  erasure   of  names 

on  register. 

6118.  Docketing    and     hearing     applica- 

tions. 

6119.  Duty   of   court   as   to   applications 

to  be  placed  on  registry — regrls- 
ters  to  be  delivered  to  judges, 
when. 

6120.  Appeals     from     action     of     circuit 

court. 

6121.  Supplemental  lists  of  names  added 

and  erased  to  be  printed,  etc. 

6122.  Registration  only  on  personal  ap- 

pearance of  applicant — subse- 
quent registrations. 

6123.  Intermediate  registration  provided 

for. 

6124.  Registers  open  for  inspection. 

6125.  Poll    books,    ballot   boxes,    etc.,    to 

be  delivered  to  judges. 

6126.  Registers   to   be   returned   to   com- 

missioners after  elections. 

6127.  Removal,  mutilation  or  destruction 

of  register  a  misdemeanor — pen- 
alty. 

6128.  Vacancy  on  board  of  registry,  how 

filled. 

6129.  Revision  of  registry,  wlien  made. 

6130.  I^oUs    to    be    opened    and    closed, 

when. 

6131.  Judge    or    clerk    absent,    vacancy, 

how  filled — penalty  for  absence 
or  refusal  to  act — other  penal- 
ties. 

6132.  Ballot    box    to    be    kept    in    public 

view. 

6133.  Duties  of  clerks. 

6134.  Duties  of  Judges. 

6135.  None    but    those    regristered    shall 
vote. 

6136.  Challengers,     how     selected — their 

rights  and  duties. 

6137.  Judges  to  be  peace  ofllcers. 

6138.  Vote,  how  canvassed. 

6139.  Ballots,  how  counted. 

6140.  Disposition  of  counted  ballotsi 

6141.  Vote  on  proposition  submitted  can- 

vassed, how. 

6142.  Headings  for  tally  sheets. 

6143.  Proclamation  of  result  of  election, 

etc. — ballots  to  be  returned  to 
commissioners — duty  of  com- 
missioners. 


REGISTRATION,   ELECTIONS  CITIES  OVER   100,000. 


149 


SECTION 

6144.  Certificate   to   be   made  by  judges 

and  clerks — disposition  of. 

6145.  Disposition    of    poll    books,    ballot 

boxes,  etc. 

6146.  Ballot  boxes,  etc.,  to  be  delivered 

to  commissioners. 

6147.  Duty  of  commissioners  with  refer- 

ence to  ballot  boxes,  etc 

6148.  Penalty  for  failure  to  deliver  bal- 

lot boxes  to  commissioners. 

6149.  Duty  of  canvassing  board. 

6150.  Announcement  and  certification  of 

results  of  elections. 

6151.  Certificates  of  election — county  or 

circuit  clerk  to  issue. 

6152.  Certificates    of    election — duty    of 

circuit  and  county  clerks. 

6153.  Duty  of  board  of  canvassers  where 

there  are  Indications  of  fraud. 

6154.  Offenses    against    registration    and 

election  laws  punished,  how. 

6155.  Impersonation  and  other  crimes. 

6156.  Punishment  of  clerks. 

6157.  Punishment  of  judges. 

6158.  Judges,  clerks  and  canvassers  guil- 

ty of  felony,  when. 

6159.  Punishment  of  other  persons. 

6160.  Election     or     registration     ofllcers 

guilty  of  felony — penalty. 

6161.  Frauds  of  officers — penalty. 

6162.  Procuring  or  abetting  fraud  a  fel- 

ony— penalty. 

6163.  False    swearing — penalty. 

6164.  Instigating     false     swearing — pen- 

alty. 

6165.  Fraudulent  changing  or  substitut- 

ing ballots — penalty. 

6166.  Convicts  voting — penalty. 

6167.  Disobeying     lawful     commands     of 

registration  or  election  officer — 
penalty. 

Sec.  6090.  Registration  provided  for. — In  all  cities  of  this  state 
now  having,  or  which  hereafter  may  have,  one  hundred  thousand  or 
more  inhabitants,  there  shall  be  a  registration  of  all  qualified  voters, 
and  the  registration  of  voters  and  the  conduct  of  elections  held  in 
such  cities  shall  be  governed  by  the  provisions  of  this  article;  and 
for  the  purpose  of  determining  the  population  of  such  cities  the  aggre- 
gate vote  cast  for  the  first  candidate  on  each  ticket  voted  for  at  the 
last  preceding  presidential  election  in  such  cities  shall  be  multiplied 
by  five  and  the  product  shall  be  deemed  the  number  of  inhabitants 
in  such  city.     (R.  S.  1899,  §  7270,  amended.  Laws  1901,  p.  170.) 

Sec.  6091.  Board  of  election  commissioners  created — ^how  and 
by  whom  appointed — vacancies,  how  filled — duties  of  governor  and 
mayors — qualifications  and  duties  of  commissioners. — There  is  hereby 
created  a  board  of  election  commissioners  for  each  city  that  is  governed 
by  the  provisions  of  this  article,  composed  of  four  members,  who  shall 
be  appointed  as  follows :  Within  ten  days  after  the  expiration  of  the 
term  of  the  present  commissioners,  the  governor  shall  appoint  four 
election  commissioners,  one  of  whom  shall  be  by  him  designated  as 


SECTION 

6168.  Interference  with  duties  of  offlcern» 

etc. — penalty. 

6169.  Assaulting  judges  or  clerks,  etc— 

penalty. 

6170.  Destroying,  concealing  or  removinif 

ballot  boxes  or  ballots  a  felony 
— penalty. 

6171.  Illegal    registration   or   canvassing 

by  officers — ^penalty. 

6172.  Judge  absenting  himself,  etc. — ^pen- 

alty. 

6173.  Judges  and  clerks  not  to  election- 

eer— penalty. 

6174.  Offenses    by    police    officers — pen- 

alty. 

6175.  Forfeitures  to  be  paid  into  treas- 

ury. 
Irregularities  no  defense,  etc 
"Election"    and   "householder"   de- 
fined. 

6178.  Fine  and  imprisonment  for  misd»» 

meaner. 

6179.  Commissioners  to  aid  in  prosecut- 

ing offenses. 
Commissioners  and  assistants  pai^ 

how — salaries. 
Pay  of  judges  and  clerks. 
Number   of  days'   service   credited 

to  judges  and  clerks. 
City    to    pay    judges    and    clerksfe, 

when. 
County  or  city  to  pay  judges  and 

clerks,  when. 
Commissioners  shall  audit  claima 
Jurats — commissioners    and    judges 

may  administer  oaths. 
Judges    and    clerks    exempt    from 

jury  service. 
Commissioners    may    be    removed 

for  misconduct. 


6176. 
6177. 


6180. 

6181. 
6182. 

6183. 

6184. 

6185. 
6186. 

6187. 

6188. 


150  ELECTION  LAWS. 

the  chairman  of  the  board,  and  one  of  whom  shall  be  by  him  desig- 
nated as  secretary  of  the  board,  which  said  chairman  and  secretary 
shall  be  of  opposite  politics.  The  said  four  election  commissioners 
shall  hold  their  offices  for  the  term  of  three  years,  and  until  their 
successors  are  appointed  and  qualified.  All  vacancies  in  said  board 
created  by  resignation  or  otherwise  shall  be  filled  by  appointment  by 
the  governor  in  the  same  manner  for  the  unexpired  term.  Two  of  said 
election  commissioners  so  appointed  by  the  governor  shall  be  mem- 
bers of  the  leading  political  party  politically  opposed  to  that  to  which 
the  governor  belongs,  and  shall  be  chosen  from  six  eligible  citizens 
named  by  the  state  committee  of  the  said  leading  party  politically 
opposed  to  that  to  which  the  governor  belongs  and  the  other  two 
members  of  said  board  shall  be  selected  from  six  eligible  citizens 
named  by  the  state  committee  of  the  political  party  to  which  the 
governor  belongs.  In  case  of  a  vacancy  in  said  board  from  any  cause 
whatever,  it  shall  be  filled  in  the  same  manner  and  from  like  lists  as 
in  the  case  of  original  appointments,  save  that  the  appointee  for  any 
unexpired  term  shall  be  a  member  of  the  same  political  party  to  which 
the  person  whom  he  may  succeed  belonged,  and  in  no  case  shall  more 
than  two  members  of  said  board  belong  to  the  sam6  political  party. 
The  commissioners  thus  appointed  shall  be  legal  voters  and  shall  have 
resided  five  years  in  the  state  and  at  least  two  years  next  preceding 
their  appointment  in  said  city,  and  be  of  approved  integrity  and 
•capacity.  No  commissioner  shall  hold  any  office  nor  be  a  candidate 
for  any  elective  office  while  acting  as  such  commissioner.  Each  com- 
missioner before  taking  his  seat  in  such  board  shall  take  an  oath  of 
office  before  the  circuit  court  having  jurisdiction  in  said  city,  or  before 
a  judge  thereof,  which  oath  shall  be  in  substance  in  the  following 
form,  viz. : 

I,  ,  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United  States; 

that  I  have  resided  in  the  state  of  Missouri  for  a  period  of  five  years  last  past,  and  am 

a  legal  voter  in  the  city  of ,  in  said  state ;  that  I  will  support  the  Constitution  of 

the  United  States,  and  the  state  of  Missouri,  and  the  laws  passed  in  pursuance  thereof 
to  the  best  of  my  ability,  and  will  faithfully  demean  myself  and  honestly  discharge 
the  duties  of  the  office  of  election  commissioner  for  said  city. 

Said  board  shall  have  the  right  to  employ  such  additional  as- 
sistants from  time  to  time  as  may  be  necessary  to  promptly  and  cor- 
rectly perform  the  duties  of  the  office,  under  the  direction  of  the  board. 
They  shall  be  divided  equally  between  the  two  political  parties  to 
which  the  commissioners  belong,  and  shall  be  subject  to  the  same 
restrictions  and  subscribe  to  the  same  oath  as  the  members  of  the 
board,  which  oath,  when  subscribed  and  sworn  to  before  such  court 
or  judge,  shall  be  filed  in  the  office  of  the  clerk  of  the  said  court, 
and  be  there  preserved.  Each  commissioner  shall  also,  before  tak- 
ing such  oath,  give  bond  in  the  sum  of  ten  thousand  dollars,  with 
securities  to  be  approved  by  said  court,  or  by  some  judge  thereof, 
conditioned  for  the  faithful  and  honest  performance  of  his  duties,  and 
the  preservation  of  the  property  of  the  office.  Such  board  of  com- 
missioners shall  at  once  secure  and  open  an  office  sufficient  for  the  pur- 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  151 

pose  of  such  board,  which  shall  always  be  kept  open  during  business 
hours  of  every  day,  Sundays  and  legal  holidays  excepted.  Upon  the 
appointment  of  such  commissioners,  the  county  clerk  of  the  county  in 
which  such  city  is  situated,  and  the  board  of  election  commissioners 
or  other  custodians  of  said  property  shall,  upon  demand,  turn  over  to 
such  board  of  election  commissioners  all  registry  books,  poll  books, 
tally  sheets  and  ballot  boxes  heretofore  used,  and  all  other  books, 
forms,  blanks,  stationery  and  property  of  every  description  in  his 
hands  in  any  way  relating  to  registration  or  election,  or  the  holding 
of  elections,  within  said  city.  All  the  powers  and  duties  now  vested 
in  and  required  of  the  boards  of  election  commissioners  in  such  cities 
shall  hereafter  vest  in  and  be  required  of  the  board  of  election  com- 
missioners herein  provided  for.     (Laws  1911,  p.  244.) 

Sec.  6092.  Duty  of  commissioners  to  divide  city  into  election  pre- 
cincts— re-arrangement  of  districts  after  elections. — It  shall  be  the 
duty  of  the  commissioners  of  election,  as  hereinafter  provided  for  in 
such  cities,  within  six  months  after  taking  effect  of  this  article,  to 
divide  such  cities  into  election  precincts,  regarding  ward  lines,  and 
composed  of  compact  and  contiguous  territory,  which  shall  contain 
as  nearly  as  practicable  three  hundred  actual  voters;  and  in  making 
such  division  and  establishing  such  precincts,  such  commissioners  shall 
take  as  a  basis  the  poll  books  or  the  number  of  votes  cast  at  the  last 
previous  presidential  election.  At  least  six  months  before  each  presi- 
dential election  the  board  of  election  commissioners  shall  revise  and  re- 
arrange the  precincts  and  increase  or  decrease  their  number  on  the 
basis  of  the  vote  cast  at  the  previous  presidential  election,  making 
such  precincts  to  contain,  as  near  as  practicable,  three  hundred  actual 
voters,  measured  by  the  vote  of  such  election.  The  precincts  in  each 
ward  shall  be  numbered  from  one  upward,  consecutively.  (R.  S.  1899, 
§  7272.) 

Sec.  6093.  Ballot  boxes,  poll  books,  etc.,  to  be  provided  by  board. 
Such  board  shall  provide  all  necessary  ballot  boxes  and  all  registry 
books,  poll  books,  tally  sheets,  ballots,  blanks  and  stationery  of  every 
description,  with  printed  headings  and  certificates,  and  other  equip- 
ment necessary  and  proper  for  the  registry  of  voters  and  the  conduct 
of  such  elections,  and  for  every  incidental  purpose  connected  therewith. 
(R.  S.  1899,  §  7273.) 

Sec.  6094.  General  registration  of  voters  provided  for. — ^After 
the  first  organization  of  such  board  of  commissioners,  it  shall  prepare 
for  a  new  and  general  registration  of  voters  for  the  next  general  city 
election,  or  general  state  or  county  election,  as  the  case  may  be;  and 
when  made,  such  registry  shall  be  continued  and  revised  in  the  manner 
hereinafter  provided.     (R.  S.  1899,  §  7274.) 

Sec.  6095.  Judges  and  clerks  of  election,  how  chosen — qualifica- 
tion.— Said  board  of  commissioners  shall,  at  least  sixty  days  prior  to 
such  election,  select  and  choose  four  electors  as  judges  of  election  for 
each  precinct  in  such  city.  They  must  be  citizens  of  the  United  States, 
and  entitled  to  vote  in  the  ward  in  which  such  precinct  is  located  at 
the  next  election,  and  they  must  be  men  of  good  repute  and  character, 


152  ELECTION  LAWS. 

who  can  speak,  read  and  write  the  English  language,  and  be  skilled 
in  the  four  fundamental  rules  of  arithmetic,  and  they  must  be  of  good 
understanding  and  capable ;  they  must  reside  or  have  a  place  of  busi- 
ness in  the  precinct  of  the  city  for  which  they  are  selected  to  act,  and 
they  must  not  hold  any  office  or  employment  under  the  United  States, 
the  state  of  Missouri,  or  under  the  county  or  city  in  which  such  elec- 
tion is  to  be  held,  and  they  must  not  be  candidates  for  any  office  at 
the  next  ensuing  election.  Two  clerks  of  election  for  each  precinct 
shall  be  selected  within  the  same  time  by  said  board,  who  shall  possess 
the  same  qualifications  as  the  judges.  Being  a  notary  public  shall  be 
no  disqualification  for  judge  or  clerk.     (R.  S.  1899,  §  7275.) 

Sec.  6096.  How  judges  and  clerks  of  election  shall  be  chosen — 
penalty  for  failure  to  appear  and  serve. — In  the  selection  of  judges 
and  clerks  of  election,  two  judges  and  one  clerk  shall  be  selected  from 
each  of  the  two  political  parties  of  the  state  polling  the  largest  number 
of  votes  at  the  last  general  election,  to  serve  in  each  precinct,  who  shall 
be  recognized  members  of  the  party  from  which  selected.  The  com- 
missioner, or  commissioners,  shall  select  the  judges  and  clerks  to 
represent  the  party  to  which  said  commissioners,  or  commissioner, 
belong;  and  the  person  thus  selected  shall  be  appointed  and  commis- 
sioned by  the  board,  if  qualified  and  confirmed.  In  case  the  persons 
so  selected  as  judges  and  clerks  do  not  appear  for  examination,  on 
notification,  then  some  other  persons  shall  be  selected  and  notified  as 
aforesaid,  until  some  eligible  person  is  found  who  will  serve.  In  all 
cases  where  the  parties  aforesaid  do  not  appear  and  be  examined,  or 
if  they  do  appear  and  refuse  to  serve,  it  shall  be  the  duty  of  the  com- 
missioners to  prosecute  such  persons  for  such  forfeiture  herein  pro- 
vided, and  collect  and  pay  over  the  same  into  the  county  treasury,  or, 
in  cities  not  within  a  county,  into  the  city  treasury;  and  the  failure 
of  such  board  of  commissioners  of  election,  or  either  of  them,  to 
prosecute  such  persons,  shall  be  sufficient  cause  for  removal  from  office, 
and,  when  established,  the  circuit  court  shall  so  remove  such  com- 
missioner or  commissioners  from  office.     (R.  S.  1899,  §  7276.) 

Sec.  6097.  Examination  of  judges  and  clerks  of  election. — Each 
and  every  person  so  selected  by  the  board  of  election  commissioners 
shall  be  notified  of  the  fact  of  his  selection,  with  directions  to  appear, 
within  the  time  fixed  in  the  notice,  before  such  board  for  the  purpose 
of  examination;  and  if,  upon  examination,  he  is  found  qualified,  he 
shall,  unless  excused  by  such  board,  be  bound  to  serve  as  such  officer 
for  the  term  for  which  he  was  appointed,  or  until  his  successor  is 
selected,  if  his  appointment  shall  be  confirmed  by  the  circuit  court; 
but  no  person  shall  be  excused  by  such  board  except  by  reason  of  ill- 
health,  old  age,  unavoidable  absence  from  the  city,  or  other  imperative 
cause :  Provided,  that  a  notice,  in  writing,  to  said  board,  sworn  to  by 
the  person  so  selected,  that  he  intends  to  be  a  candidate  for  office  at 
the  next  ensuing  election,  and  naming  the  office,  shall  be  sufficient 
excuse  for  refusal  to  serve.  Said  board  of  election  commissioners 
shall  keep  books  in  which  shall  be  written  down  the  names  of  all  such 
judges  and  clerks  agreed  upon  before  such  notification  to  appear  be- 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  153 

fore  them,  and  if,  when  they  appear,  they  shall  be  rejected  for  want 
of  qualification,  such  facts  shaU  be  noted  on  said  books  opposite  their 
names,  and  if  excused  on  the  grounds  aforesaid,  such  facts,  together 
with  the  reasons  therefor,  shall  be  noted;  and  in  like  manner  also,  if 
they  do  not  appear  for  examination,  such  fact  shall  be  noted.  No 
person  shall  be  compelled  to  serve  as  judge  or  clerk  for  two  years 
after  the  expiration  of  his  term  of  service.  The  judges  and  clerks 
shall  be  exempt  from  jury  duty  during  the  term  of  their  service.  In 
case  such  person  so  selected  and  notified  to  appear  for  examination 
shall  not  appear  before  such  board  as  required,  or  if  he  does  appear 
and  shall  refuse  to  serve,  he  shall  forfeit  not  less  than  one  hundred 
dollars  nor  more  than  three  hundred  dollars,  unless  it  shall  appear 
that  he  was  not  qualified  for  such  service  for  any  reason  herein  stated, 
or  that  he  failed  to  appear  for  any  of  the  grounds  above  set  forth. 
And  if  any  judge  or  clerk  of  election  so  selected  and  notified  shall 
fail  to  appear  for  examination,  or  shall  refuse  to  serve,  or  be  excused 
as  herein  provided,  the  board  shall  forthwith  appoint  some  other 
qualified  judge  or  clerk  in  his  place,  and  notify  and  examine  him  as 
herein  provided  for  notification  and  examination  in  the  first  instance. 
(R.  S.  1899,  §  7277.) 

Sec.  6098.  Selection  of  judges  and  clerks  to  be  reported  to  circidt 
court — objections — vacancies,  how  filled. — ^As  soon  as  the  judges  and 
clerks  are  selected,  a  report  of  such  selection  shall  be  made  and  filed 
in  the  circuit  court  of  the  city  or  county,  signed  by  said  commissioners, 
certifying  that  the  provisions  of  this  article  in  regard  to  their  qualifica- 
tions have  been  complied  with,  and  designating  the  particular  political 
party  from  which  each  judge  or  clerk  is  appointed,  and  an  application 
in  writing  shall  be  therewith  made  by  said  commissioners  before  said 
court  for  the  confirmation  of  said  appointments;  whereupon  the  cir- 
cuit court,  or  a  judge  thereof,  shall  enter  an  order  that  cause  be 
ghown,  if  any  exist,  against  the  confirmation  of  the  appointment  of 
any  person  so  selected  as  judge  or  clerk,  on  or  before  the  opening 
of  the  court,  on  a  day  to  be  fixed  by  the  court,  or  said  judge ;  at  least 
five  days  must  elapse  between  the  time  of  making  the  application  and 
the  time  fixed  for  hearing.  Said  board  of  election  commissioners  shall 
immediately  give  notice  of  such  order,  and  the  names  of  said  judges 
and  clerks  so  reported  for  confirmation,  and  their  residence  and  the 
precincts  for  which  they  were  selected,  by  causing  the  same  to  be 
published  for  two  consecutive  days  in  two  daily  newspapers  in  said 
city,  and  of  opposite  politics  if  possible.  On  the  day  set  for  hearing? 
objections,  the  judges  of  the  circuit  court  of  the  city  or  county,  as 
the  case  may  be,  or  such  member  as  may  be  assigned  therefor  by  the 
court  in  general  term,  shall  sit  to  hear  and  determine  all  objections 
made  in  pursuance  of  this  article  relating  to  the  confirmation  of  such 
judges  and  clerks  of  election.  If  no  cause  to  the  contrary  be  shown 
prior  to  the  day  fixed  for  hearing,  the  appointments  made  by  the  board 
of  election  commissioners  shall  be  confirmed  by  an  order  entered  of 
record.  Objections  to  the  confirmation  of  any  judge  or  clerk  of  elec- 
tion shall  be  in  writing  and  filed  with  the  clerk  of  the  court  within 


154  ELECTION   LAWS. 


the  time  aforesaid,  and  such  objection  shall  specifically  state  the 
grounds  upon  which  it  is  based,  and  shall  be  subscribed  and  sworn 
to  before  the  clerk  of  said  court  by  the  person  or  persons  making  the 
same.  The  said  circuit  court,  sitting  as  above,  shall,  on  the  day  fixed 
for  hearing  objections,  proceed  to  examine  such  objections,  and  shall 
thereupon  fix  a  day,  not  later  than  five  days  thereafter,  to  hear  such 
objections,  and  shall,  by  order  of  record,  direct  the  board  of  election 
commissioners  to  serve  notice  upon  the  judges  or  clerks  against  whose 
confirmation  objections  have  been  filed;  and  said  board  of  election 
commissioners  shall  forthwith  serve  such  notice  or  notices  by  deliver- 
ing the  same  to  the  proper  person  or  persons,  in  the  manner  provided 
by  law  for  the  service  of  notices,  and  shall  make  due  return  thereof; 
and  upon  the  day  thus  fixed  for  hearing  the  objections,  the  said  court 
shall  again  sit  as  above,  and  shall  then  proceed  summarily  to  hear  and 
determine  the  objections  made,  and  shall  adjourn  from  day  to  day 
until  all  objections  filed  shall  be  determined.  If  the  courts  shall  find 
that  any  judge  or  clerk  against  whose  confirmation  objections  have 
been  filed  does  not  possess  the  qualifications  in  this  article  prescribed, 
the  appointment  of  such  judge  or  clerk  shall  be  rejected  by  order  of 
the  court,  in  which  order  the  cause  or  causes  of  rejection  shall  be 
specifically  stated,  and  the  costs  thereof  shall  be  paid  by  the  city. 
If  the  objections  filed  shall  be  overruled,  the  appointment  of  the 
judge  or  clerk  against  whom  the  same  was  made  shall  be  confirmed. 
If  the  court  shall  reject  any  appointments,  the  board  of  election  com- 
missioners shall  forthwith  nominate  and  report  as  hereinafter  provided 
to  said  court  some  other  person  or  persons,  having  the  proper  quali- 
fications for  judges  or  clerks,  to  fill  such  vacancy  or  vacancies;  and 
the  court  shall  thereupon  summarily  confirm  or  reject  such  appoint- 
ments, or  any  of  them,  without  delay,  first  giving  two  days'  notice 
to  any  party  against  whom  objections  may  be  filed — and  in  all  cases 
the  party  appointed  to  fill  a  vacancy  must  be  of  the  same  political 
party  as  the  party  whose  place  he  was  appointed  to  fill — and  shall 
thus  proceed  to  receive  and  pass  upon  appointments  until  all  the  pre- 
cincts of  the  city  are  supplied  with  judges  and  clerks :  Provided,  that 
all  objections  shall  be  passed  upon,  and  the  list  of  judges  and  clerks 
completed,  at  least  thirty-five  days  before  the  next  election.  Upon 
the  confirmation  of  such  judges  and  clerks,  the  board  of  election  com- 
missioners shall  issue  a  commission  to  each  of  such  judges  and  clerks, 
and  appropriate  forms  shall  be  prepared  by  said  board  of  election 
commissioners  for  such  purpose.  Such  judges  and  clerks  of  election 
shall  be  commissioned  for  a  term  of  office  ending  sixty  days  prior  to 
the  next  general  state  election  after  the  general  election  at  which 
they  were  appointed  to  serve ;  and  during  their  terms  of  office  they  shall 
also  serve  as  judges  and  clerks  at  any  special,  local  or  municipal 
election  which  may  be  held.  Where  a  vancancy  in  the  office  of  judge 
or  clerk  shall  occur  after  the  final  order  of  the  circuit  court  confirming 
the  appointments  of  the  board  of  election  commissioners,  the  said 
board  shall  make  an  appointment  as  hereinbefore  provided  to  fill  the 
vacancy  and  issue  a  commission  to  such  officer :    Provided,  that  if  such 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  155 

■vacancy  occurs  more  than  ten  days  before  an  election,  said  appoint- 
ment must  be  submitted  for  confirmation  to  the  circuit  court,  which 
«hall  act  summarily;  and  any  appointment  made  by  said  board  shall 
be  from  the  same  political  party  as  the  party  whose  place  he  was 
appointed  to  fill,  and  when  thus  appointed  such  officer  shall  be  sub- 
ject to  the  same  punishment  in  case  of  misbehavior  as  if  confirmed 
by  said  court.  Said  board  of  election  commissioners  shall  have  the 
right  at  any  time,  in  case  of  official  misbehavior  or  neglect  of  duty, 
to  remove  any  judge  or  clerk  of  election,  and  cause  such  vacancy  to  be 
^led  in  accordance  with  this  article :  Provided,  that  in  all  cases 
vacancies  shall  be  filled  by  the  appointment  of  members  of  the  same 
political  party.  Such  board  of  election  commissioners  shall  not  remove 
any  judge  or  clerk  except  for  incapacity  or  official  misbehavior,  and 
the  reason  therefor  must  afterward  be  reported  in  writing  to  such 
■court ;  and  if  such  removal  be  willful  and  without  cause,  said  members 
of  the  board  of  election  commissioners  causing  said  willful  removal 
shall  be  guilty  of  a  misdemeanor  under  this  article.  (R.  S.  1899, 
§  7278.) 

Sec.  6099.  Oath  of  judges  and  clerks. — After  the  issue  of  a  com- 
mission to  such  judges  and  clerks,  they  shall  again  be  notified  to 
appear  at  the  office  of  said  board  of  election  commissioners,  and  shall 
then  and  there,  after  taking  the  oath  of  office  before  the  board  of 
election  commissioners,  or  any  member  thereof,  or  some  clerk  of  that 
office,  who  are  hereby  authorized  to  administer  such  oaths,  receive 
their  commissions;  and  the  oath  of  office  shall  be  in  writing,  and  sub- 
scribed by  each  one,  and  shall  be,  in  substance,  as  follows : 

I.  ,  residing  at  ,  in  the  city  of  ,  in  the  state  of  Missouri,  do 

solemnly  swear  (or  affirm)   that  I  am  a  legal  voter  in  the  city  of  ,  in  the  state 

of  Missouri ;  that  I  will  support  the  laws  and  Constitution  of  the  United  States,  and  of 
the  state  of  Missouri,  and  that  I  will  honestly  discharge  the  duties  of  and  faithfully 
•demean  myself  in  the  office  of  judge  or  clerk  of  election   (and  of  registration)   for  the 

precinct  of  the  ward  of  the  city  of  ,  in  the  county  of  ,  in 

the  state  of  Missouri,  according  to  the  best  of  my  ability;  that  I  will  not  disclose  how 
any  voter  shall  have  voted  at  any  election,  unless  required  to  do  so  as  a  witness  in  a 
proper  judicial  proceeding;  that  I  will  make  no  statement  nor  give  any  information 
of  any  kind  as  to  the  number  of  votes  polled  for  any  office  or  person,  nor  any  other 
fact  tending  to  show  the  state  of  the  polls  at  any  election,  at  any  time  previous  to  the 
'^losing  of  the  polls. 

.(R.  S.  1899,  §  7279.) 

Sec.  6100.  Board  to  select  place  of  registry  and  polling  places.— 
It  shall  be  the  duty  of  the  said  board  of  election  commissioners  to 
appoint  the  place  of  registry  and  also  the  polling  place  in  each  pre- 
cinct. Said  board  shall  also  cause  the  same  to  be  fitted  up,  warmed, 
lighted  and  cleaned ;  but  in  each  election  precinct  such  place  or  places 
•shall  be  in  the  most  public,  orderly  and  convenient  portions  thereof, 
and  no  building  or  part  of  a  building  shall  be  designated  or  used  as  a 
place  of  registry  or  revision  of  registration,  or  as  a  polling  place,  in 
which  spirituous  or  intoxicating  liquor  is  sold.     (R.  S.  1899,  §  7280.) 

Sec.  6101.  Clerk  to  furnish  names  of  persons  convicted  of  felony 
— justices,  names  of  persons  convicted  of  misdemeanors  connected  with 
right  of  suffrage — governor  to  furnish  list  of  pardons. — It  shall  be  the 


156  ELECTION   LAWS. 


I 


duty  of  the  clerk  of  any  court  where  parties  are  tried  and  convict 
of  penitentiary  offenses,  in  the  county  where  such  city  is  located,  or 
in  cities  not  within  a  county,  or  in  counties  to  which  changes  of  venue 
from  such  cities  in  such  cases  have  been  taken,  to  furnish,  monthly, 
to  such  board  of  commissioners,  the  names  of  all  parties  from  such 
cities  convicted  or  sentenced  for  any  crime  the  punishment  of  which 
is  confinement  in  the  penitentiary,  and  their  place  of  residence,  if 
such  fact  be  in  the  possession  of  such  clerk.  It  shall  be  the  duty  of 
the  clerk  of  any  court  or  of  any  justice  of  the  peace  of  the  county  in 
which  such  city  is  located,  or  of  said  city  if  not  in  a  county,  where  or 
before  whom  any  person  is  tried  and  convicted  of  a  misdemeanor  con- 
nected with  the  exercise  of  the  right  of  suffrage,  to  furnish  at  once  to 
said  board  of  commissioners  the  name  of  the  party  convicted  of  said 
misdemeanor,  and  his  place  of  residence,  if  such  fact  be  in  the  posses- 
sion of  said  clerk  or  said  justice :  Provided,  that  if  appeal  shall  be 
taken  such  facts  shall  also  be  certified,  and  such  conviction  shall  not 
effect  the  right  to  register  and  vote  until  final  determination  of  the 
appeal.  It  shall  be  the  duty  of  the  governor  of  the  state,  on  or  before 
the  first  day  of  October,  in  each  year,  to  furnish  to  such  commissioners 
of  election  the  names  of  all  persons  pardoned  by  him  out  of  the  peni- 
tentiary, for  any  crime  for  which  such  party  was  indicted  in  a  county 
where  said  city  is  located,  or  in  a  city  not  within  a  county.  (R.  S, 
1899,  §  7281.) 

Sec.  6102.  List  of  deceased  male  adults  to  be  furnished — penalty. 
It  shall  be  the  duty  of  the  person  or  officer  having  charge  of  the  vital 
statistics  of  any  such  city  to  furnish  such  commissioners  of  elections, 
monthly,  a  report  of  the  names,  color  and  previous  residence  of  all 
male  persons  over  twenty-one  years  of  age  that  have  died  during  the 
preceding  month.  Any  person  violating  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and  fined  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars.     (R.  S.  1899,  §  7282.) 

Sec.  6103.  Commissioners  to  furnish  lists  to  judges. — It  shall  be 
the  duty  of  the  commissioners  of  elections  to  cause  to  be  arranged,  as 
nearly  as  possible  according  to  wards,  the  name  and  the  residence,  or 
the  former  residence,  of  all  such  criminals,  and  of  all  such  deceased 
parties,  and  to  have  the  same  printed  by  wards,  and  furnish  a  printed 
list  of  the  names  of  such  persons  whose  residence  was  formerly  in  such 
wards,  to  all  the  judges  of  election  of  such  wards,  when  acting  as  a 
board  of  registry,  for  their  guidance;  and  when  he  or  they  shall  be 
advised  that  a  person  convicted  of  a  crime  has  been  pardoned,  such 
fact  shall  be  noted  opposite  his  name.  Such  list  shall  be  arranged 
alphabetically.     (R.  S.  1899,  §  7283.) 

Sec.  6104.  Notice  of  time  and  place  of  registration  and  election 
to  be  given.— It  shall  be  the  duty  of  such  board  to  give  ten  days'  notice 
through  the  press,  in  newspapers,  as  provided  in  section  6098  of  this 
article,  of  the  time  and  place  of  registration  and  election  in  each  pre- 
cinct of  the  city;  and  they  shall  also  cause  the  printed  lists  and 
supplements  of  registration  for  the  previous  election  to  be  posted  up 
at  the  place  of  registration,  two  days  before  such  registration,  with  a 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  157 

printed  notice  of  the  time  and  place  of  the  next  registration — the  post- 
ing of  these  lists  to  be  obligatory  only  after  the  first  registration  under 
this  article.     (R.  S.  1899,  §  7284.) 

Sec.  6105.  Board  to  make  rules  and  regulations. — Said  board 
of  election  commissioners  shall  make  all  necessary  rules  and  regula- 
tions, not  inconsistent  with  this  article,  with  reference  to  the  registra- 
tion of  voters  and  the  conduct  of  elections ;  and  shall  have  charge  of 
^nd  make  provisions  for  all  elections,  general,  special,  local,  municipal, 
state  and  county,  and  of  all  others  of  every  description,  to  be  held  in 
such  city  or  any  part  thereof,  at  any  time.     (R.  S.  1899,  §  7285.) 

Sec.  6106.  Election  days  declaxed  holidays. — The  days  upon  which 
the  general,  state  or  county  or  city  elections  shall  hereafter  be  held 
in  such  city  shall  be  holidays,  and  shall,  for  all  purposes  whatever  as 
regards  presenting  for  payment  or  acceptance  and  of  the  protesting 
and  giving  notice  of  the  dishonor  of  bills  of  exchange,  bank  checks 
and  promissory  notes,  and  as  regards  days  of  grace  upon  commercial 
paper,  be  treated  and  considered  as  is  the  first  day  of  the  week,  com- 
monly called  Sunday.     (R.  S.  1899,  §  7286.) 

Sec.  6107.  Subsequent  selections  of  judges  and  clerks. — At  least 
sixty  days  prior  to  the  next  general  election  occurring  immediately 
after  the  expiration  of  the  term  of  office  of  said  judges  and  clerks,  said 
board  of  election  commissioners  constituted  and  appointed  as  herein- 
before provided  shall  cause  judges  and  clerks  of  election  to  be  again 
selected,  who  shall  be  selected,  appointed  and  commissioned  in  the  same 
way,  according  to  the  same  forms  and  subject  to  the  same  qualifications 
and  limitations  as  required  for  the  selection  and  appointment  of  such 
officers  in  the  first  instance  hereunder.     (R.  S.  1899,  §  7287.) 

Sec.  6108.  Judges  to  constitute  precinct  boards  of  registry. — The 
judges  of  election  shall  constitute  the  board  of  registry  in  the  precinct 
for  which  they  shall  be  appointed.     (R.  S.  1899,  §  7288.) 

Sec.  6109.  Qualifications  of  voters. — Every  male  citizen  of  the 
United  States,  and  every  male  person  of  foreign  birth  who  may  have 
declared  Jiis  intention  to  become  a  citizen  of  the  United  States,  ac- 
cording to  law,  not  less  than  one  year  nor  more  than  five  years  before 
he  offers  to  vote,  who  is  over  the  age  of  twenty-one  years,  who  has 
resided  in  the  state  one  year  next  preceding  the  election  at  which  he 
offers  to  vote,  and  during  the  last  sixty  days  of  the  time  shall  have 
resided  in  the  city  where  such  election  is  held,  and  during  the  last 
twenty  days  of  that  time  in  the  precinct  at  which  he  offers  to  vote,  who 
has  not  been  convicted  of  bribery,  perjury  or  other  infamous  crime, 
or  of  a  misdemeanor  connected  with  the  exercise  of  the  right  of 
suffrage,  nor  directly  interested  in  any  bet  or  wager  depending  upon 
the  result  of  the  election,  nor  an  officer,  soldier  or  marine  in  the  regular 
army  or  navy  of  the  United  States,  nor  while  kept  at  any  poor  house 
or  other  asylum  at  public  expense,  nor  while  confined  in  any  public 
prison,  shall  be  entitled  to  vote  at  such  election,  for  all  officers,  state 
or  municipal,  made  elective  by  the  people,  or  at  other  elections  held  in 
pursuance  of  the  laws  of  the  state ;  but  shall  not  vote  elsewhere  than 
in  the  precinct  where  his  name  is  registered,  and  whereof  he  is 
registered  as  a  resident.     (R.  S.  1899,  §  7289.) 


158  ELECTION  LAWS. 

Sec.  6110.    When  registration  shall  be  made — how  conducted.- 

Such  board  of  registry  and  the  election  clerks  shall  first  meet  in  th< 
precinct  on  Tuesday  four  weeks  preceding  the  first  general  city  elec^ 
tion,  or  the  first  general  state  or  county  election,  which  may  occur  after 
the  first  appointment  of  such  board  of  election  commissioners,  at  the 
place  designated  by  such  board  of  commissioners,  and  they  shall  then 
proceed  to  make  a  general  registration  of  all  voters  in  such  precinct. 
A  new  general  registration  shall  be  made  by  the  board  of  registry 
in  every  year  thereafter  in  which  a  presidential  election  occurs,  and 
just  prior  thereto — the  first  day  of  such  registration  being  on  Tuesday, 
four  weeks  before  such  election,  and  the  second  day  of  registration 
being  on  the  Saturday  following;  and  the  third  day,  Tuesday,  three 
weeks  before  such  election.  Three  registry  books  shall  be  furnished 
to  each  board  of  registry  by  the  board  of  election  commissioners  for 
the  purpose  of  such  registration,  and  such  books  of  registry  shall  be 
prepared  substantially  in  the  following  form : 


I 


REGISTRATION,   ELECTIONS   CITIES   OVER    100,000. 


159 


1 

Qualified  voters 1      : 

1 

■    S 

S    d 

s 

s 

>^ 

>^     55 

>* 

JH 

By  act  of  congress. .       : 

■■  ■■  1 

1      !      I 

&^ 

Court, 
oerior. . 

w  York 
t  known 

3 

3 
03 

;  1  S 

\  &n 

3 

o  2                   ; 

00 

i 

oo 

>-t 

Q  V                                       ' 

t^ 

• 

o3  e3 

Q  ^ 

^    : 

o 

s     : 

Iz; 

Declaiation     of     in- 

". 

• 

tention 

: 

1 

NaturaUzed 

i   1  ; 

Native n 

•    ;  ^ 

g 

1          I 

i        ' 

2 

2 

p^ 

\      S    S 

2 

g 

H 

«3 

"" 

,       >,    > 

>       >> 

>> 

1            lO      «£ 

<o 

CO 

&  o 

■§ 

; 

^  ^ 
s  ^ 

2        2     g 

>           !>> 

2 

1 

I— 1 

o 

a 

e 

<        eo.    ic 

« 

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i  1  > 

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2 

i    1 

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i 

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« 

wl 

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j               I 

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1      5 

5 

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.A 

1       ■ 

1        1 

>                             •< 

3       "a     ' 

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525 

1       S    c 

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3 

No.  of  Line ' 

-I           (NO 

3           ■* 

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. 

a     3  .^ 

I          f. 

A 

1                       ^ 

^     ^  ' 

'           5 

•-» 

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S5 

160 


ELECTION  LAWS. 


•a  o 


1 

E 

1 

1 

CO 

»o 

CO 

w 

- 

Vote  challenged 

i 

o 

By  court 

By  com'rs 

Erased 

1 

No. 

of  line 

»H       (N           eo       •*      U3 

1 

1 

>o 

'    »o 

'  2 

i 
1 

REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  161 

One  of  said  registry  books  shall  be  denominated  "public  register"  on 
the  outside  or  on  the  first  page.  Said  board  of  registry  shall  then 
proceed  as  follows: 

First — They  shall  open  the  registry  at  eight  o'clock  a.  m.,  and  con- 
tinue in  session  until  nine  o'clock  p.  m.,  on  each  of  said  days.  One  of 
the  judges  shall  administer  to  aU  persons  who  shall  personally  apply 
to  register  the  following  oath  or  affirmation: 

You  do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly  answer  all  such 
■questions  as  shall  be  put  to  you  touching  your  place  of  residence,  name,  place  of  birth, 
your  qualifications  as  an  elector,  and  your  right  as  such  to  register  and  vote  under  the 
laws  of  this  state :  so  help  you  God. 

Second — Each  of  said  clerks  of  election  and  one  of  said  judges  of 
election  shall  have  charge  of  the  registry  books,  and  shall  make  the 
entries  therein  required  by  this  article,  and  one  of  the  judges  shall  ask 
the  questions  as  to  qualifications,  and  after  he  is  through,  any  of  the 
judges  may  ask  questions.  One  of  the  judges  of  election  may,  when 
necessary,  relieve  one  of  the  clerks  from  time  to  time,  as  necessity  may 
seem  to  demand,  in  making  entries  in  said  book. 

Third — The  name  of  every  applicant  shall  be  entered  in  such 
registry  book,  and  all  the  facts  shall  be  therein  stated,  as  hereinafter 
provided,  whether  he  is  entitled  to  vote  or  not.  If  it  shall  be  de- 
termined by  the  board  of  registry  that  he  is  not  a  qualified  voter  in 
such  precinct,  then  an  entry  shall  be  made  in  the  appropriate  column, 
^*no,"  and  if  qualified,  an  entry  shall  be  made  in  the  same  column, 
''^yes."  Unless  a  majority  of  the  judges  shall  determine  the  applicant 
is  a  qualified  voter,  he  shall  be  entered  as  not  qualified;  in  case  of  a 
tie  the  board  of  commissioners  shall  decide,  subject  to  the  applicant's 
right  of  appeal  to  the  circuit  court  as  hereinafter  provided. 

Fourth — Only  such  male  persons,  of  the  age  of  twenty-one  years, 
residing  in  such  precinct,  as  apply  personally  for  such  registration, 
shall  be  entered  in  such  register;  but  every  applicant  who  would  be 
twenty-one  years  of  age  on  the  day  of  the  next  election,  or,  if  foreign 
born,  whose  declaration  of  intention  to  become  naturalized  will  have 
been  made  one  year  before  such  election,  if  otherwise  qualified,  shall 
be  entered  on  such  registers.  Every  applicant  who  has  commenced 
to  reside  in  such  precinct  at  least  twenty  days  before  such  election 
shall  be  entered  in  such  registry,  and  shall  be  marked  ** qualified"  or 
^'disqualified,"  as  the  case  may  be;  but  unless,  on  the  day  of  election, 
he  shall  have  resided  twenty  full  days  in  such  election  precinct,  he 
cannot  vote  therein,  although  otherwise  qualified. 

Fifth-^The  headings  to  the  registry  books  shall  be  so  prepared  that 
the  registry  shall  be  made  alphabetically,  according  to  the  surname  of 
each  person  applying,  but  it  shall  be  arranged  so  that  the  residence 
of  such  person  shall  appear  in  the  first  column.  The  register  shall  be 
ruled,  and  one  name  shall  be  written  on  each  line,  but  no  name  shall 
be  written  between  the  lines.     The  entries  shall  be  as  follows: 

1.  Under  the  column  ''residence,"  the  name  and  number  of  the 
street,  avenue,  or  other  location  of  the  dwelling,  if  there  be  a  definite 
number,  and  if  there  shall  not  be  a  number,  such  clear  and  definite 

B    Lr—ll 


162  ELECTION  LAWS. 

description  of  the  place  of  such  dwelling  as  shall  enable  it  to  be  readily 
ascertained.  If  there  shall  be  more  than  one  house  at  the  number 
given  by  the  applicant  as  his  place  of  residence,  state  in  which  house 
he  resides,  and,  if  there  be  more  than  one  family  residing  in  said  house,. 
either  the  floor  on  which  he  resides,  or  the  number  or  location  of  the- 
room  or  rooms  occupied  by  him,  whether  front  or  rear — every  floor 
below  the  level  of  the  street  or  ground  being  designated  as  the  base- 
ment, the  first  floor  above  the  level  being  designated  as  the  first  floor,. 
and  each  floor  above  that  as  the  second  or  such  other  floor  as  it  may  be. 

2.  Under  the  column  **name,'*  the  name  of  the  applicant,  writing 
the  surname  first,  and  given  or  christian  name  after  in  full. 

3.  Under  the  column  ''nativity,*'  the  state,  county,  kingdom,, 
empire  or  dominion,  as  the  fact  stated  by  the  applicant  shall  be. 

4.  Under  the  column  ** color,'*  the  word  ''white"  or  " colored, '^ 
as  the  fact  is. 

5.  Under  the  subdivision  of  the  general  column  "term  of  resi- 
dence,'* the  periods,  by  days,  months  or  years,  stated  by  the  applicant. 

6.  Under  the  column  "native,"  the  word  "yes;"  under  the 
column  "naturalized,"  the  word  "yes,"  according  to  the  fact  stated. 
If  the  applicant  be  of  foreign  birth,  and  has  not  been  naturalized,  but 
has  made  a  declaration  of  intention  to  become  a  citizen,  then  under  the 
column  "declaration  of  intention,"  the  word  "yes." 

7.  Under  the  column  "date  of  papers,"  the  date  of  naturalization^ 
if  naturalized,  or  of  the  declaration  of  the  intention  if  made,  or  about 
that  date.  Where  the  applicant  is  of  foreign  birth,  the  board  of 
registry  shall  require  him  to  produce  his  naturalization  papers  or 
declaration  of  intention,  as  the  case  may  be,  unless  the  applicant  shall 
make  affidavit  that  they  are  lost  or  destroyed,  and  that  he  is  unable  to 
procure  certified  copies  of  them,  with  the  reasons  why  he  cannot  pro- 
cure them. 

8.  Under  the  column  "court,"  the  designation  of  the  court  in 
which,  if  foreign  born,  such  naturalization  was  had  or  declaration  of 
intention  made;  and  if  the  name  of  the  court  cannot  be  had  with 
certainty,  then  the  name  of  the  place  in  which  such  court  was  located. 

9.  Under  the  column  "by  act  of  congress,"  the  word  "yes;"  in 
case  such  person,  though  foreign  born,  has  been  made  a  citizen  by 
act  of  congress,  without  taking  out  his  naturalization  papers. 

10.  Under  the  column  "qualified  voter,"  the  word  "yes,"  or 
**no,"  as  the  fact  shall  appear  or  be  determined  by  the  board  of 
registry — it  being,  however,  required  of  them  to  designate  as  a  quali- 
fied voter  any  male  person  who,  if  otherwise  qualified,  shall  not,  at 
the  time  of  making  application,  be  of  age,  provided  the  time  when  such 
applicant  shall  be  of  the  age  of  twenty-one  shall  be  subsequent  to  the 
date  of  his  application,  and  not  later  than  the  day  of  election  immedi- 
ately following  such  time  of  applying,  or,  if  foreign  born,  whose 
declaration  of  intention  to  become  naturalized  will  have  been  made 
one  year  before  such  election. 

11.  Under  the  column  "date  of  application,"  the  month,  day  and 
year  when  the  applicant  presented  himself  and  was  adjudged  a  quali- 
fied voter  in  the  election  precinct. 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  16$ 

12.  Under  the  column  "signature,**  in  one  of  the  registers,  not 
the  public  register,  the  applicant  shall  write  his  name.  If  he  is  unable 
to  write,  he  shall  make  his  mark  after  his  name  is  written  for  him. 

13.  Under  the  column  of  ''remarks,"  whenever  any  member  of 
the  board  of  registry  shall  be  in  doubt  about  registering  the  applicant^ 
said  board  shall  require  the  applicant  to  give  the  name  of  three  resi- 
dents of  the  city  who  know  that  said  applicant  resides  at  the  place 
from  which  he  offers  to  register,  which  names  shall  be  entered  under 
the  column  headed  ''remarks.**     (R.  S.  1899,  §  7290.) 

Sec.  6110a.  Qualified  voters  absent  or  sick  may  file  application, 
for  registration — statement  to  be  filed — ^to  be  heard,  when. — If  any 
person  who  has  the  qualifications  required  by  this  article  to  entitle  him 
to  register  as  a  voter  in  such  city  shall  be  absent  therefrom  at  a  dis- 
tance of  more  than  twenty-five  miles,  or  confined  by  illness  or  other 
disability  to  his  place  of  residence,  during  all  of  the  days  appointed 
for  registration  prior  to  any  election  at  which  he  desires  to  vote,  he 
may  file  his  application  in  the  office  of  said  election  commissioners 
to  have  his  name  registered  in  the  precinct  in  which  he  resides.  Such 
application  shall  be  verified  by  his  affidavit  and  shall  show  that  he  has 
the  qualifications  required  of  a  voter  by  this  article,  and  that  he  was 
prevented  by  said  absence,  sickness  or  disability  from  appearing  for 
registration  before  the  precinct  board  of  registry  on  all  of  said  registra- 
tion days,  specifying  such  days  and  stating  at  what  place  or  places  he 
was  during  each  of  said  days,  and  where  registration  is  claimed  on 
account  of  absence,  the  day  upon  which  he  returned  after  his  absence 
during  said  days,  or  in  case  of  illness  or  other  disability,  stating  the 
first  day  upon  which  such  disability  was  removed.  If  his  application 
is  based  upon  his  absence,  he  shall  file  at  the  same  time  the  affidavits 
of  two  registered  voters  of  said  precinct,  stating  that  to  their  knowl- 
edge he  is  a  qualified  voter,  and  setting  out  therein  his  qualifications, 
that  he  resides  in  said  precinct,  and  that  they  believe  in  the  truth  of 
his  statement  in  his  affidavit  as  to  his  reasons  for  not  appearing  before 
said  registry  board  on  all  of  said  days  of  registration,  specifying  them. 
Where  such  application  is  based  upon  a  physical  disability,  the  affidavit 
of  said  applicant  shall  describe  the  nature  of  such  disability  as  the 
same  is  most  commonly  described,  and  said  affidavit  must  be  accom- 
panied by  an  affidavit  of  a  physician  duly  admitted  to  the  practice  of 
medicine  in  such  city,  which  shall  describe  such  disability  as  the  same 
is  most  commonly  described,  and  that  such  disability  continued  during 
said  registration  days,  specifying  them,  also  statiag  the  day  on  which 
the  same  was  first  removed.  Said  board  shall  file  all  affidavits  made  as 
aforesaid  and  carefully  preserve  the  same.  Any  voter  may  make  objec- 
tion to  any  person  being  registered  upon  such  application  in  the  man- 
ner and  form  as  objections  are  required  to  be  made  before  the  registry 
board.  The  election  commissioners  shall  sit  specially  to  hear  such  ap- 
plications on  the  Wednesday  of  the  first  week  prior  to  said  election, 
between  the  hours  of  nine  a.  m.  and  twelve  m.,  and  between  two  p.  m. 
and  ten  p.  m.,  and  if  all  such  applications  be  not  then  determined,  it 
shall  sit  on  the  same  hours  of  the  next  day.    Said  applicants  shall  ap- 


164  ELECTION   LAWS. 

pear  in  person  before  the  commissioners  on  said  Wednesday;  they 
may  be  further  examined  by  the  commissioners,  under  oath,  and 
further  testimony  be  taken  in  favor  of  or  against  their  applications. 
All  cases  shall  be  heard  summarily  and  decided  as  soon  as  heard.  If 
the  board  shall  believe  any  applicant  is  entitled  to  registration  accord- 
ing to  the  provisions  of  this  section,  he  shall  be  registered  as  a  voter; 
otherwise  his  application  shall  be  rejected.  If  registered,  opposite  his 
name  on  the  registry  shall  be  entered  the  word  "absentee"  or  ''in- 
valid," as  the  case  may  be.  (Laws  1911,  p.  246.) 

Sec.  6111.  Attestation  of  each  day's  registration  lists. — At  the 
end  of  each  day's  registry  or  revision  of  registration,  each  of  said 
judges  shall  sign  his  name  at  the  end  of  the  list  on  each  page,  so  that 
no  new  name  can  be  added  without  discovery,  and  shall  also  sign  a 
certificate,  as  hereinafter  provided;  but,  before  doing  so,  the  said 
judges  and  clerks  shall  compare  the  three  registers  so  kept,  and  cause 
any  differences  to  be  corrected,  and  make  the  same  agree  in  all  re- 
spects; and  said  judges  shall  then  attach  a  certificate  at  the  end  of 
each  register,  in  substance  in  the  words  and  figures  following: 

We,  the  undersigned  judges  of  election  in  precinct  of  the  ward  of 

the  city  in  the  state  of  Missouri,  do  jointly  and  severally  certify  that  at  th» 

general  registration  of  electors  in  said  election  precinct,  on  the  day  of  , 

there  were  registered  by  us  in  said  election  precinct  the  names  which  in  this  book  are 
entered,  and  the  number  of  registered  and  qualified  voters  was  and  is  the  number 
«f . 


Dated 


<R.  S.  1899,  §  7291.) 

Sec.  6112.  Public  exhibition  of  registry  lists — ^proceedings  when 
applicant  for  registration  is  rejected. — Said  boards  of  registry  shall, 
on  or  before  noon  of  the  day  following  the  completion  of  such  registry, 
after  providing  for  proper  protection  of  same,  hang  up  the  register, 
which  shall  be  known  as  the  public  register,  at  the  place  of  registration, 
80  that  it  shall  be  accessible  to  the  public  during  all  the  business  hours ; 
but  the  two  other  registers  shall  then  be  returned  to  the  board  of 
election  commissioners  at  once.  Any  voter  of  the  precinct  shall  be 
permitted  to  be  present  at  the  place  of  registration  in  said  precinct, 
and  shall  have  the  right  to  challenge  any  applicant  who  applies  to  be 
registered,  but  he  shall  be  examined,  under  oath,  touching  the  cause 
for  such  challenge ;  and,  when  challenged,  the  applicant  for  registra- 
tion must  make  an  affidavit,  in  writing,  setting  out  the  facts  which 
constitute  him  a  voter  in  such  precinct  and  file  it  with  said  board  of 
registry,  and  if  it  shall  be  deemed  sufficient,  and  if  the  board  is  con- 
vinced that  siKih  person  is  a  qualified  voter,  then  he  must  be  ad- 
mitted to  such  registry  as  qualified.  Whenever  any  person  claiming 
to  be  an  elector  of  any  election  precinct  in  such  city  has,  upon  applica- 
tion, been  denied  the  right  to  be  registered  as  a  qualified  voter  in  such 
precinct,  if  two  of  the  precinct  judges  favored  registering  him  at  the 
time  of  his  application,  he  may,  within  three  days  after  the  day  on 
which  said  board  of  registry  sit  for  revision  of  the  registration,  make 
and  sign  an  application,  in  writing,  under  oath,  to  said  board  of  com- 
missioners, in  substance  in  the  following  form: 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000. 


16a 


I  do  solemnly  swear   (or  affirm)   that  I,  — 
to  the  board  of  registry  of  the precinct  of 


-,  did  on 


— ,  make  applIcatfoB* 
ward  of  the  city  of ,  and" 


that  said  board  refused  to  regrister  me  as  a  qualified  voter  in  said  precinct ;  that  I  reside:^ 

In  said  precinct,  at  No.  street,  am  a  duly  qualified  voter  and  entitled  to  vote' 

in  said  precinct  at  the  next  election. 

And  if  such  person  shall,  at  the  time  of  making  the  said  affidavit, 
file  with  said  board  of  election  commissioners  a  statement  or  certificate 
signed  by  two  of  said  precinct  judges  of  opposite  politics,  to  the  effect 
that  they  believe  such  person  is  entitled  to  registration,  the  board 
shall  examine  into  the  facts,  and  if  said  board  believes  that  such  per- 
son is  a  qualified  voter  and  entitled  to  registration  in  such  precinct, 
said  board  shall  enter  his  name  on  the  proper  register  as  is  here  and 
after  provided,  and  thereon  note  the  manner  of  his  registration  and 
shall  file  and  preserve  said  affidavit  and  certificate  in  the  office  of  the 
board.  All  of  the  proceedings  before  said  board  of  commissioners  in 
examining  such  applications  shall  be  public  and  the  orders  of  said 
board  shall  be  published  from  day  to  day  in  the  newspapers  having 
the  city  printing  in  such  city.  The  boards  of  election  commissioners 
shall  furnish  to  the  board  of  registry  in  each  precinct  two  blank  books, 
which  shall  be  named  '* verification  lists,"  each  page  of  which  shall  be 
ruled  into  four  columns,  and  those  on  the  left  hand  side  shall  be 
marked  thus: 

REGISTERED    NAMES. 


Street  number. 

Name  of  street   Names  of  voters. 

Register  No.             Remarks. 



And  the  pages  on  the  right  hand  side  shall  be  marked  thus : 

NAMES    NOT    REGISTERED. 

Street  number. 

Name  of  street. 

Names  of  voters. 

Remarks. 

Such  books  shall  each  contain  pages  sufficient  for  each  street, 
avenue,  alley  and  court  in  the  precinct.  During  the  progress ,  of 
registration,  or  immediately  thereafter,  the  clerks  of  said  board  shall 
transfer  all  the  names  upon  the  register  to  the  left  hand  page  of  such 
** verification  lists,"  arranging  them  according  to  the  streets,  avenues, 
alleys  or  courts,  beginning  with  the  lowest  residence  number,  and 
placing  them  numerically,  as  nearly  as  possible,  from  the  lowest  up  to 
the  highest  number.  They  shall  first  write  the  name  of  such  street, 
avenue,  alley  or  court  at  the  top  of  the  second  column  and  then  pro- 
ceed to  transfer  the  registered  names  to  the  page  of  such  *' verification 
lists,"  headed  "registered  names,"  according  to  the  street  number 
as  above  indicated.  On  the  opposite  page,  headed  **  names  not 
registered,"  the  name  of  the  same  street,  avenue,  alley  or  court  shall, 
be  written  in  the  second  column.     If,  during  either  day  of  registration^ 


166  ELECTION   LAWS. 

a  registered  voter  of  the  ward  shall  come  before  the  board  of  registry 
and  make  oath  that  he  believes  that  any  particular  person  upon  said 
registry  is  not  a  qualified  voter,  such  fact  shall  be  noted;  and  after 
the  completion  of  such  "verification  lists/*  such  board,  or  one  of  said 
judges,  shall  make  a  cross  or  checked  mark  in  ink  opposite  such  name 
upon  each  of  said  "verification  lists."  If  such  judges  shall,  however, 
know  that  any  person  so  complained  of  is  a  qualified  voter  and  shall 
believe  that  such  complaint  was  only  made  to  vex  and  harass  such 
qualified  voter,  then  such  cross  or  checked  mark  shall  not  be  put  upon 
ssuch  lists,  but  shall  go  upon  such  list  in  case  any  one  of  the  judges 
desires.  Said  judges  shall,  before  noon  of  the  next  day,  hang  up 
^uch  public  register  at  the  place  of  registration,  and  within  the  same 
period  of  time  return  the  other  two  registers  to  the  office  of  said  elec- 
tion commissioners.     (R.  S.  1899,  §  7292.) 

Sec.  6113.  Clerks  of  election  constituted  precinct  canvassers — 
duties. — The  clerks  of  election  are  hereby  constituted  canvassers  of  the 
precinct  for  which  they  are  appointed,  and  upon  the  Wednesday  and 
Thursday  following  the  third  day  of  registration,  if  so  much  time  shall 
be  required,  said  two  clerks  shall,  each  having  one  of  said  "verifica- 
tion lists,"  go  together  and  canvass  such  precinct,  calling  at  each 
dwelling  place  or  each  house  where  any  one  may  reside  in  such  pre- 
cinct, and  each  dwelling  place  as  indicated  upon  said  "verification 
lists,"  and  ascertain  the  name  of  every  male  inhabitant  over  twenty- 
one  years  of  age  residing  in  such  precinct ;  and  if  they  shall  find  that 
any  person  upon  their  "verification  lists,"  on  the  left  hand  page  there- 
of, does  not  reside  at  the  place  designated  thereby,  they  shall  make  a 
check  mark  or  cross  (X)  opposite  such  name.  Said  canvassers  shall 
also  write  down  in  their  "verification  lists,"  on  the  right  hand  page 
thereof,  so  designated,  "names  not  registered,"  according  to  the  street 
and  street  numbers,  all  the  names  of  all  persons  so  ascertained  by  them 
who  reside  in  such  precinct  whose  names  are  not  already  upon  their 
** verification  lists."  No  name  shall  be  written  down  on  said  right 
hand  page  which  already  appears  on  said  left  hand  page  of  said 
** verification  lists."  Whenever  deemed  necessary  by  said  canvassers, 
or  either  of  them,  he  or  they  may  demand  of  the  chief,  captain, 
sergeant  or  other  person  having  command  of  the  police  in  such  portion 
of  the  city,  to  furnish  a  policeman  to  accompany  them  and  protect 
them  in  their  duties  when  necessary ;  and  it  shall  be  the  duty  of  such 
chief,  captain,  sergeant  or  other  person  having  authority  over  such 
police  in  such  locality  to  furnish  a  policeman  for  such  purpose,  and  in 
default  thereof,  such  chief,  captain,  sergeant  or  other  person  shall  be 
deemed  guilty  of  a  misdemeanor  under  this  article,  and  shall  be  liable 
to  a  penalty  of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars.  If,  in  making  any  such  canvass,  any  person  shall  refuse  to 
answer  questions  and  give  the  required  information  asked  for  and 
known  to  him  or  her,  such  person  shall  be  deemed  guilty  of  a  misde- 
meanor under  this  article,  and  shall  be  liable  to  a  penalty  not  to  exceed 
fifty  dollars.  In  making  such  canvass,  such  canvassers  shall  make 
special  inquiry  at  the  residences  as  designated  in  the  registry  and 
** verification  lists,"  as  to  all  the  persons  so  registered   as   qualified 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  167 

voters.  In  making  such  canvass,  said  clerks  shall  meet  at  eight  o'clock 
in  the  forenoon  of  each  day,  at  such  place  in  said  precinct  as  the 
judges  or  majority  of  them  shall  direct,  which  direction  of  said  judges 
fihall  be  in  writing,  signed  by  the  said  judges  or  a  majority  of  them; 
three  copies  thereof  shall  be  made;  one  copy  shall  be  given  to  each 
of  said  clerks  at  the  close  of  the  third  day  of  registration,  and  the  third 
copy  thereof  shall  be  returned  to  the  board  of  election  commissioners. 
Any  neglect  of  such  judges  to  give  such  direction  to  said  clerks  shall 
be  deemed  a  misdemeanor,  and  such  judge,  on  conviction  thereof,  shall 
be  punished  by  imprisonment  in  the  county  or  city  jail  not  less  than 
one  nor  more  than  six  months.  Said  clerks  shall  meet  at  eight  o'clock 
in  the  forenoon  of  each  day  of  said  canvass,  at  the  place  designated  in 
said  direction  of  the  judges,  and  proceed  with  such  canvass  as  herein- 
before directed.  Each  of  said  clerks  shall  have  one  copy  of  said 
** verification  lists;"  and  if  either  of  said  clerks  shall  fail  to  appear 
at  the  place  designated  in  such  direction  of  the  judges,  by  fifteen 
minutes  after  eight  o'clock  on  either  of  said  days,  the  chairman  or 
secretary  of  the  board  of  election  commissioners  of  the  same  political 
faith  as  the  clerk  failing  to  appear,  or,  after  appearing,  failing  to 
complete  said  canvass,  shall  immediately  appoint  a  clerk  of  the  same 
politics  as  the  one  absent  or  failing  to  act.  And  such  clerk  so  willfully 
failing  to  appear  at  the  place  designated  in  said  direction  of  the 
judges,  or  willfully  refusing  to  continue  or  abandoning  said  canvass, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished,  on 
conviction  thereof,  by  imprisonment  in  the  county  or  city  jail  for  not 
less  than  one  month  nor  more  than  one  year.    (R.  S.  1899,  §  7293.) 

Sec.  6114.  Notices  to  be  sent  to  persons  not  found. — ^Immediately 
upon  the  completion  of  said  canvass,  said  canvassers,  or  one  of  them, 
f§hall  sign  a  notice  and  send  the  same  through  the  United  States  mail, 
duly  stamped,  to  the  address  given  upon  the  registry  and  **  verification 
lists,"  of  all  persons  named  therein  against  whose  names  they  have 
made  a  cross  or  check  mark,  indicating  that  they  did  not  reside  at 
such  place  as  before  stated,  and  also  to  the  address  of  all  persons 
against  whose  names  said  registry  board  or  judge  of  election  has 
placed  a  check  mark  or  cross  in  such  ** verification  lists,"  which  notice 
shall  require  such  person  to  appear  before  the  board  of  registry  upon 
the  Saturday  following,  giving  the  time  of  succession,  and  to  show 
cause  why  his  name  should  not  be  erased  from  such  registry.  Proper 
blanks  and  postage  stamps  shall  be  furnished  for  the  purpose  to  said 
canvassers  by  the  board  of  commissioners.  A  similar  notice  shall  also 
be  served  by  one  of  said  canvassers,  either  at  the  time  such  canvass  is 
being  made  or  before  the  following  Saturday,  by  leaving  the  same  with 
the  party,  if  found,  or,  if  he  be  not  found  at  the  place  designated  in 
such  registry  and  *' verification  lists,"  by  leaving  the  same  at  such 
address,  if  there  be  such  place.  Such  notice,  to  be  sent  through  the 
mail,  must  be  mailed  not  later  than  ten  o'clock  Friday  morning  of  the 
week  of  such  canvass.  If  sufficient  postage  stamps  are  not  delivered 
to  such  canvassers  by  said  board  for  the  purpose  aforesaid,  then  any 
one  may  furnish  such  postage  stamps  to  such  canvassers  for  that  pur- 
pose, or  such  canvassers  may  procure  the  same  at  their  own  expense, 


168  ELECTION  LAWS. 

and  afterward  render  an  account  therefor  to  said  commissioners,  duly 
sworn  to;  and  it  shall  be  the  duty  of  the  said  commissioners  to  audit 
said  account  and  cause  the  same  to  be  paid.  It  shall  be  the  duty  of 
such  commissioners,  upon  application,  to  deliver  to  such  canvassers 
postage  stamps  sufficient  for  the  purpose  aforesaid,  when  not  delivered 
before,  and  it  shall  be  the  duty  of  such  canvassers,  or  one  of  them,  to 
apply  to  said  commissioners  for  such  postage  stamps,  if  sufficient  num- 
ber have  not  been  delivered  to  them  for  the  purpose  aforesaid ;  and 
any  willful  neglect  of  said  canvassers  to  make  application  for  suf- 
ficient postage  stamps  as  aforesaid,  and  any  willful  neglect  of  such  can- 
vassers to  mail  the  notice  aforesaid  to  all  the  parties  checked  and 
designated  as  aforesaid,  and  the  willful  neglect  of  such  canvassers  ta 
leave  the  notice  aforesaid  at  the  place  designated  for  such  person 
so  designated,  and  any  willful  neglect  to  check  the  name  of  any  person 
on  said  "verification  lists,"  transferred  from  the  registry  as  aforesaid 
and  not  found  at  the  place  designated,  and  any  willful  neglect  ta 
transfer  all  the  names  from  the  registry  as  aforesaid  to  such  ''verifi- 
cation lists,'*  in  the  manner  aforesaid,  shall  be  deemed  a  misdemeanor,, 
and  such  canvasser  or  canvassers  shall  be  punished,  upon  conviction 
thereof,  by  imprisonment  in  the  county  or  city  jail  for  not  less  than 
one  month  nor  more  than  one  year.  And  it  shall  be  the  duty  of  said 
board  of  election  commissioners,  when  complaint  is  made  to  them,  ta 
investigate  the  action  of  such  clerks  or  canvassers,  and  to  cause  them 
to  be  prosecuted  criminally  for  such  willful  neglect  of  duty.  (R.  S. 
1899,  §  7294.) 

Sec.  6115.  Revision  of  registry — false  affidavit,  penalty — natural- 
ized citizens. — On  the  Saturday  following  the  Tuesday  three  weeks 
preceding  such  general  county,  city  or  state  election,  said  board  of 
registry  shall  again  meet  at  the  place  designated,  and  the  said  clerks 
of  election  shall  meet  with  them,  and  they  shall  remain  in  session  from 
twelve  o'clock  noon  until  ten  o'clock  p.  m.,  for  the  sole  purpose  of 
revising  their  registry;  and  no  new  names  shall  be  added.  Said  can- 
vassers, or  one  of  them,  shall  make  out  a  list  of  the  names  of  parties- 
checked  and  designated  as  aforesaid,  and  to  whom  such  notice  has 
been  sent,  given  or  left  with  the  address,  and  make  and  attach  his  or 
their  affidavit  or  affidavits  thereto,  stating  that  notice  duly  stamped 
was  mailed  to  each  of  said  parties  at  the  places  des.ignated  on  such 
lists,  on  or  prior  to  ten  o'clock  a.  m.  of  the  previous  Friday,  and  that 
notice  was  also  personally  left  at  the  said  address  of  each  of  said 
parties  named  in  said  list  so  attached,  if  there  be  any  such  address. 
Blank  affidavits  shall  be  furnished  by  said  commissioners  for  the  pur- 
pose aforesaid;  but  if  none  are  furnished,  such  canvassers  shall  cause 
the  same  to  be  drawn,  and  they  shall  swear  to  such  affidavit  before  one 
of  the  judges  of  such  precinct.  If  either  of  said  canvassers  shall  will- 
fully neglect  and  fail  to  make  such  affidavit  with  the  list  aforesaid 
attached,  he  shall  be  punished  in  the  manner  as  last  above  provided^ 
and  if  such  affidavit  shall  be  willfully  false,  the  maker  thereof  shall  also 
be  punished  in  the  manner  last  aforesaid,  and  shall  also  be  liable  for 
perjury.     If  any  person  to  whom  such  notice  has  been  sent  shall  appear 


REGISTRATION,   ELECTIONS  CITIES  OVER   100,000.  169 

before  the  board  of  registry  during  that  session,  he  shall  make  oath 
and  sign  an  affidavit,  in  substance  as  follows : 

I  do  solemnly  swear  that  I  am  a  citizen  of  the  United  States   (or  have  declared 

my  intention  to  become  a  citizen  of  the  United  States  on  the day  of ,  19 — , 

according  to  law),  and  that  I  have  resided  in  the  precinct  of  the  ward 

in  the  city  of and  the  county  of and  the  state  of  Missouri,  since  the 

day  of ;  that  I  am  not  an  officer,  soldier  or  marine  in  the  regular  army  or  navy 

of  the  United  States,  and  that  I  have  never  been  convicted  of  any  felony,  or  of  any 
misdemeanor  connected  with  the  exercise  of  the  right  of  suffrage  (or  if  convicted, 
state  the  time  of  conviction,  and  when  pardoned  by  the  governor  of  the  state). 

This  affidavit  shall  be  signed  and  sworn  to  before  one  of  such 
board  of  registry,  and  it  shall  afterward  be  preserved  and  filed  in 
the  office  of  said  election  commissioners.  Thereupon  said  board  of 
registry  shall  further  examine  him,  and  shall  also  swear  such  can- 
vassers and  hear  them  upon  the  question,  and  they  shall  also  have  the 
power  to  send  one  or  both  of  said  canvassers  to  make  further  examina- 
tion and  inquire  at  the  place  claimed  by  such  person  to  be  his  resi- 
dence, and  again  examine  such  canvassers  touching  the  same;  and  if, 
after  such  further  examination  and  hearing,  the  majority  of  said  board 
are  of  the  opinion  that  such  person  is  not  a  qualified  voter  in  such 
precinct,  they  shall  mark  the  word  *'yes'*  under  the  column  of  the 
registry  marked  "erase,"  and  shall  also  draw  a  line  in  ink  under  his 
name;  which  memorandum,  in  case  of  any  registration,  shall  indicate 
that  the  name  of  such  person  is  erased  from  the  register,  and  such 
person  shall  not  be  entitled  to  vote  unless  his  name  be  restored  as 
hereinafter  provided.  If  any  person  already  registered  shall  appear 
before  said  board  at  such  session  and  make  oath  that  he  has  removed 
to  another  place  in  the  same  precinct,  said  board,  if  they  believe  him, 
shall  not  erase  his  name,  but  shall  make  the  proper  correction  in  his 
residence  in  the  books  of  registry.  If  any  person  to  whom  notice  has 
been  sent  because  his  declaration  of  intention  to  become  naturalized 
has  been  made  more  than  five  years  before  the  next  election,  shall 
appear  before  said  board  at  such  session,  he  shall  show  in  the  same 
manner  as  in  case  of  original  registration  that  he  has  become  natural- 
ized, otherwise  his  name  shall  be  erased  from  the  register.  In  making 
correction  of  entries  as  to  residence  and  naturalization,  a  line  shall  be 
drawn  through  the  former  entries,  the  proper  entries  made,  and  the 
word  ** corrected,'*  with  the  date,  written  in  the  column  headed  "re- 
marks." During  the  last  hour  of  said  session,  if  any  person  so  notified 
to  appear  at  such  session  shall  have  not  yet  appeared  and  shown  cause 
why  his  name  should  not  be  erased  from  such  register,  the  same  shall 
be  erased  in  the  manner  aforesaid.  Either  of  said  clerks  shall  have 
the  power  and  right  of  both  in  the  matter  pertaining  to  such  canvass, 
except  that  both  are  required  to  go  together  to  make  such  canvass. 
But  a  clerk  who  willfully  neglects  to  perform  his  duty  in  making  such 
canvass  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  imprisoned  in  the  county  or  city  jail  not  less  than  thirty  nor 
more  than  sixty  days.  In  case  of  temporary  disability  on  the  part  of 
either  canvasser  or  clerk,  the  judge  who  belongs  to  the  same  political 
party  may  appoint  a  temporary  clerk  or  canvasser,  who  shall  belong  ta 
the  same  party,  and  administer  to  him  the  usual  oath  of  office,  and  he 


170  ELECTION  LAWS. 

shall  perform  all  the  duties  of  the  office  until  the  disability  of  the 
regular  clerk  or  canvasser  is  removed.  The  ''verification  lists*'  afore- 
said, after  the  final  revision,  shall  be  at  once  returned  by  the  board  of 
registry  to  the  board  of  election  commissioners.     (E.  S.  1899,  §  7295.) 

Sec.  6116.  Correction,  verification  and  printing  of  registers. — ^At 
the  end  of  the  last  session  provided  for,  the  said  board  of  registry 
and  said  clerks  shall  compare  and  correct  the  three  registers  aforesaid 
and  make  them  correspond  and  agree;  and  said  judges  shall  then, 
immediately  following  the  last  name  on  each  page  of  the  register,  sign 
their  names  so  that  no  other  name  can  be  added  without  discovery,  and 
shall  add  the  certificate  as  provided  at  former  sessions ;  and  thereupon, 
and  during  the  forenoon  of  the  next  secular  day,  said  judges  shall 
hang  up  the  register,  known  as  the  public  register,  in  the  place  of 
registration  for  the  use  of  the  public,  which  shall  remain  there  until 
after  the  election,  and  shall  return  the  other  two  registers  to  the 
possession  of  the  board  of  election  commissioners;  and  thereupon  the 
said  board  of  commissioners  shall  at  once  cause  copies  to  be  made  of 
such  registers,  of  all  the  names  upon  the  same,  with  the  address  and 
registration  number  not  marked  erased,  and  shall  have  the  same 
arranged  according  to  the  streets,  avenues,  courts  or  alleys,  commenc- 
ing with  the  lowest  number,  and  arranging  the  same  in  order  accord- 
ing to  street  numbers,  and  shall  then  cause  such  precinct  register, 
under  such  arrangement,  to  be  printed  in  plain  large  type,  in  sufficient 
numbers  to  meet  all  demands ;  and  upon  application,  a  copy  of  the  same 
shall  be  given  to  any  person  in  such  precinct.  Said  commissioners 
may,  in  their  discretion,  cause  such  precinct  register  to  be  published 
in  one  or  more  newspapers  published  in  said  city.     (R.  S.  1899,  §  7296.) 

Sec.  6117.  Application  for  erasure  of  names  on  register. — ^Any 
voter  or  voters  in  the  ward  containing  such  precinct  may  make  appli- 
cation, in  writing,  before  such  board  of  election  commissioners,  to 
have  any  name  upon  such  register  of  any  precinct  in  the  ward  erased ; 
which  application  shall  be  in  substance  in  the  words  and  figures  fol- 
lowing : 

I   (or  we)   do  hereby  solemnly  swear   (or  affirm)   that  I   (or  we)   believe 

that  Is  not  a  qualified  voter  in  precinct  of  ward  of  the  city  of 

,  and  hence  I   (or  we)   ask  that  his  name  be  erased  from  the  register  of  such 

precinct. 

But  it  shall  be  a  misdemeanor  to  sign  or  cause  to  be  so  filed  any 
such  application  to  have  erased  any  name  lawfully  upon  any  such 
register,  unless  the  person  signing  such  application  had  then  cause  to 
fairly  justify  him  in  a  belief  that  the  name  ought  to  be  erased  from 
such  register.  Such  application  shall  be  signed  and  sworn  to  by  the 
applicant,  and  filed  with  said  board.  Thereupon,  notice  of  such  appli- 
cation, with  a  demand  to  appear  and  show  cause  why  his  name  shall 
not  be  erased  from  said  registry,  shall  be  personally  served  upon  such 
person,  or  left  at  his  place  of  residence,  named  in  such  registry,  by  a 
messenger  of  said  board  of  commissioners;  as  to  the  manner  and  time 
of  serving  such  notice,  such  messenger  shall  make  affidavit;  said 
messenger  shall  also  make  affidavit  of  the  fact  in  case  he  cannot  find 
such  person  or  his  place  of  residence,  and  that  he  went  to  the  place 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  171 

named  on  such  register  as  his  place  of  residence,  which  affidavit  shall 
be  sufficient  evidence  of  due  notice.  Such  notice  shall  be  served  at 
least  one  day  before  the  time  fixed  for  such  party  to  show  cause.  Said 
commissioners  shall  also  cause  a  like  notice  or  demand  to  be  sent  by 
mail,  duly  stamped,  and  directed  to  such  person  to  the  address  upon 
fiuch  registry,  at  least  two  days  before  the  day  fixed  in  said  notice 
to  show  cause.     (R.  S.  1899,  §  7297.) 

Sec.  6118.  Docketing  and  hearing  applications. — A  docket  of  all 
iapplications  to  said  commissioners  for  the  purpose  of  erasing  a  name 
on  the  register,  shall  be  made  out  in  the  order  of  the  wards  and  pre- 
-cincts.  The  commissioners  shall  sit  to  hear  such  applications  on  the 
Tuesday  and  Wednesday  immediately  preceding  such  election.  They 
shall  take  up  the  wards  and  precincts  in  their  numerical  order.  The 
decision  on  each  application  shall  be  announced  at  once  after  hearing, 
and  a  minute  made  thereof.  Where  an  application  to  erase  a  name 
shall  be  allowed,  said  board  shall  cause  the  same  to  be  erased  forth- 
with.    (R.  S.  1899,  §  7298.) 

Sec.  6119.  Duty  of  court  as  to  applications  to  be  placed  on 
registry — registers  to  be  delivered  to  judges,  when. — The  circuit  court 
shall,  on  Friday  and  Saturday  of  the  week  prior  to  the  week  in  which 
such  election  is  to  be  held,  specially  sit  to  hear  such  applications  as 
shall  be  made  to  it  to  be  placed  upon  the  register  in  any  particular 
precinct.  Such  application  shall  be  sworn  to,  and  shall  state  that  the 
party  making  the  same  has  applied  to  the  board  of  registry  of  the 
precinct  and  to  the  board  of  election  commissioners,  and  that  one  or 
both  boards  refused  to  place  him  on  such  registry,  or  has  stricken  his 
name  from  such  registry,  as  the  case  may  be.  Applications  shall  be 
made  on  or  before  the  opening  of  the  court  on  the  Friday  last  afore- 
said, and  the  court  shall  cause  a  docket  of  such  applications  to  be 
made  out,  arranged  by  wards  and  precincts,  and  the  same  shall  be 
heard  summarily,  and  evidence  may  be  introduced  for  and  against 
such  application.  No  formal  pleadings  shall  be  required.  Each  case 
shall  be  decided  at  once  on  hearing,  and  the  clerk  of  the  court  shall 
make  a  minute  of  the  disposition  of  each  application;  a  copy  of  such 
minute  shall  at  once  be  given  to  said  commissioners,  who  shall  forth- 
with cause  such  names  to  be  placed  upon  the  appropriate  register,  and 
indicate  that  it  was  entered  by  order  of  the  court.  After  the  entry 
of  the  application  so  allowed  by  said  court,  no  further  change  shall  be 
permitted,  and  the  appropriate  stamp  prepared  shall  be  affixed  to  the 
end  of  each  page  of  names  in  each  precinct  registered  by  said  board 
of  commissioners.  Said  books  of  registry  so  prepared  shall,  on  the 
day  prior  to  the  election,  be  delivered  to  the  judges  of  election,  one 
only,  however,  to  be  delivered  to  the  judge  or  judges  representing  the 
same  political  party.  No  person  admitted  to  the  registry  by  order  of 
such  court  or  such  board  shall  be  protected  by  such  order  in  case  he 
should  be  indicted  for  false  registration  or  false  voting.  (R.  S.  1899, 
§  7299.) 

Sec.  6120.    Appeals  from  action  of  circuit  court. — In  case  said 
circuit  court  shall  refuse  any  such  application,  an  order  shall  be  entered 


172  ELECTION   LAWS. 

accordingly  on  the  Wednesday  following  the  session  of  the  court  held 
for  the  purpose  aforesaid,  and  any  person  desiring  to  appeal  from  the 
said  order  may  appeal  to  the  supreme  court  of  the  state,  or  court  of 
appeals,  according  to  the  facts,  if  application  be  made  therefor  withins 
five  days  after  the  entry  of  said  order,  and  such  appeal  shall  be  allowed 
on  the  giving  of  an  appeal  bond  in  the  penalty  of  two  hundred  and 
fifty  dollars,  conditioned  to  pay  the  expenses  of  such  appeal  in  case- 
his  appeal  be  not  sustained.  The  time  for  filing  such  appeal  bond  and 
certificate  of  evidence  shall  be  fixed  by  the  court,  and  upon  presenta- 
tion to  the  court  of  a  certificate  containing  the  evidence  heard  at  such 
hearing  within  the  time  fixed  by  the  court,  the  court  shall  sign  the 
same,  and  thereupon  the  same  shall  become  part  of  the  record  in  said 
cause.     (R.  S.  1899,  §  7300.) 

Sec.  6121.  Supplemental  lists  of  names  added  and  erased  to  be^ 
printed,  etc. — A  supplemental  list  of  all  persons  who  shall  have  been 
registered  by  order  of  such  court,  or  registrations  of  absentees  or 
invalids,  provided  in  section  6110a,  and  a  supplemental  list  of  all  per- 
sons erased  from  such  registry  by  order  of  said  board  of  commissioners 
or  of  said  court,  of  sufficient  quantity  to  accommodate  each  precinct^ 
shall  be  printed  by  such  board,  and  thereupon,  on  the  day  of  election,, 
said  board  shall  cause  to  be  posted  up  at  each  precinct  where  such 
election  is  to  be  held,  the  original  printed  registry  and  the  supple- 
mental lists  aforesaid,  and  shall  also  cause  a  copj^  thereof  to  be  deliv- 
ered to  each  judge  and  clerk  and  to  all  other  persons  of  the  ward 
demanding  the  same.    (R.  S.  1899,  §  7301,  amended,  Laws  1911,  p.  246.) 

Sec.  6122.  Registration  only  on  personal  appearance  of  applicant 
— subsequent  registrations. — Every  general  registration  shall  be  made 
in  the  same  manner  and  in  conformity  with  directions  heretofore  given. 
At  every  general  registration,  every  person  desiring  registration  must 
appear  in  person  and  make  application  under  oath,  as  in  the  case  of  the 
first  registration  herein  provided.  The  same  forms  and  blanks  and 
methods  of  proceeding  shall  be  had  before  and  by  the  board  of  registry, 
and  by  the  canvassers,  and  by  and  before  the  judges  of  election  and 
election  clerks,  and  by  the  board  of  election  commissioners  and  court,, 
in  every  subsequent  general  registration,  as  is  directed  herein  for  the 
first  registration,  and  election  following  the  same.  (R.  S.  1899,  § 
7302.) 

Sec.  6123.  Intermediate  registration  provided  for. — At  every 
election  held  in  such  city  between  the  general  registration  above 
referred  to,  the  last  general  registrations  shall  be  used,  but  the  same 
shall  be  revised  by  the  board  of  registry  of  each  precinct  where  such 
election  is  to  be  held,  and  for  that  purpose  the  board  of  registry  shall 
meet  on  Tuesday,  three  weeks  preceding  such  election,  and  shall  hold 
a  session  from  eight  o'clock  a.  m.  till  nine  o'clock  p.  m.  on  that  day, 
and  names  may  be  added  to  the  registers  in  the  same  way,  upon  sworn 
applications,  as  in  the  case  of  a  general  registration,  and  all  the  other 
forms  and  requirements  are  to  be  observed  as  provided  with  reference 
to  general  registration,  both  as  regards  the  canvass  after  registration, 
the  revision  of  the  registration  and  otherwise.    The  board  of  election 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  173 

commissioners  shall  sit  to  register  absentees  or  invalids  on  Wednesday 
of  the  first  week  prior  to  said  election.  (R.  S.  1899,  §  7303,  amended, 
Laws  1911,  p.  246.) 

Sec.  6124.  Registers  open  for  inspectioiL — The  registers  in  the 
office  of  the  election  commissioners  shall  at  all  times  be  open  to  public 
inspection  without  charge.     (R.  S.  1899,  §  7304.) 

Sec.  6125.  Poll  books,  ballot  boxes,  etc.,  to  be  delivered  to  judges. 
Said  judges  of  election  of  any  precinct  shall,  on  the  day  preceding 
any  election,  call  at  the  office  of  said  commissioners  and  receive  two 
registers  of  said  precinct,  one  being  received  by  the  representative 
of  one  leading  political  party,  and  the  other  by  the  representative  of 
the  other  leading  political  party.  The  ballot  box  of  such  precinct  shall 
be  delivered  to  one  of  said  judges,  and  it  shall  contain  the  poll  books 
and  all  the  blanks  and  stationery  required  for  such  election,  with  a 
sealed  package  of  ballots  and  the  key  or  keys  shall  be  given  to  a 
judge  of  the  opposite  party.     (R.  S.  1899,  §  7305.) 

Sec.  6126.  Registers  to  be  returned  to  commissioners  after  elec- 
tions.— On  election  day  said  judges  shall  take  possession  of  said  third 
or  public  register,  and  after  such  election,  and  on  the  next  day,  all 
three  of  said  registers,  shall  be  returned  to  said  board  of  election  com- 
missioners, and  said  third  public  register  shall,  immediately  after  such 
election,  be  corrected  by  said  board  of  commissioners  so  as  to  corre- 
spond with  the  other  two  registers,  or  in  case  it  shall  be  mutilated, 
or  in  case  any  register  of  any  precinct  shall  be  lost,  said  board  of  com- 
missioners shall  cause  a  true  copy  to  be  made  from  the  other  register 
or  registers,  so  that  prior  to  the  next  meeting  of  the  board  of  registry 
there  shall  be  three  registers  for  each  precinct.  This  section  is  made 
applicable,  and  it  shall  be  the  duty  of  the  judges  of  election  to  observe 
it,  after  each  and  every  election.     (R.  S.  1899,  §  7306.) 

Sec.  6127.  Removal,  mutilation  or  destruction  af  register  a  mis- 
demeanor— penalty. — If  any  person  shall  willfully  remove,  mutilate 
or  destroy  the  public  register  hanging  up  at  the  place  of  registry,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
imprisoned  in  the  county  or  city  jail  not  less  than  three  months  nor 
more  than  twelve  months.     (R.  S.  1899,  §  7307.) 

Sec.  6128.  Vacancy  on  board  of  registry,  how  filled. — ^Any 
vacancy  upon  such  board  of  registry  on  the  day  of  registration  shall 
be  filled  by  the  judge  or  judges  present,  always  selecting  a  person  of 
the  same  political  party  as  the  party  absent,  which  appointee  shall  be 
vouched  for  by  the  remaining  judge  of  such  party  for  said  precinct; 
and  the  same  oath  shall  be  administered  by  one  of  the  judges  present 
to  such  temporary  judge  as  provided  for  regular  judges.  Whenever 
any  regular  judge  shall  return  or  be  present,  such  temporary  in- 
cumbent shall  vacate  his  office.     (R.  S.  1899,  §  7308.) 

Sec.  6129.  Revision  of  registry,  when  made.-^At  any  special  elec- 
tion occurring  in  a  portion  of  such  city  only,  or  which  is  to  fill  a 
vacancy  occurring  in  a  single  office,  or  which  is  to  submit  propositions 
or  amendments  to  a  vote  of  the  people,  there  shall  not  be  a  previous 
revision  of  the  registry :    Provided^  however,  that  at  any  special  elec- 


174  ELECTION  LAWS. 

tion  at  which  is  to  be  submitted  a  proposition  to  increase  the  indebted-^ 
ness  of  any  such  city  by  borrowing  money,  there  shall  be  a  previous 
revision  of  the  registry ;  and  provided  further,  that  in  all  cases  where 
the  limits  of  any  such  city  shall  have  been  extended,  and  there  shall  be 
an  election  occurring  between  the  time  when  said  limits  shall  have 
been  extended  and  the  next  general  registration,  the  board  of  electiouv 
commissioners  shall,  for  the  purpose  of  such  election,  divide  the  new 
territory  into  election  precincts,  whether  new  wards  have  been  creat- 
ed therein  or  not,  and  appoint  judges  and  clerks,  without  confirma-^ 
tion  by  the  circuit  court,  to  conduct  a  revision  of  the  registry  and 
such  election  in  such  new  territory.  The  qualified  voters  residing  in 
said  new  territory  may  be  registered  at  such  revision  of  the  registry^ 
and  vote  at  such  election.  All  forms  and  requirements  with  respect 
thereto  shall  be  observed  as  herein  provided  for  revision  of  the  regis- 
try.    (R.  S.  1899,  §  7309,  amended.  Laws  1909,  p.  498.) 

Sec.  6130.  Polls  to  be  opened  and  closed,  when. — The  election 
polls  shall  be  open  at  six  o'clock  in  the  morning  and  continued  open 
until  seven  o'clock  in  the  afternoon  of  the  same  day,  at  which  time- 
the  polls  shall  be  closed,  and  if  any  judge  or  clerk  shall  be  behind  time 
for  fifteen  minutes  after  the  time  for  opening  such  polls  he  shall  be 
guilty  of  a  misdemeanor  under  this  article  and  punished  accordingly. 
No  judge  or  clerk  shall  absent  himself  to  exceed  five  minutes  at  any 
one  time  until  the  ballots  are  all  cast  and  counted  and  returns  made,, 
except  one  at  a  time  of  such  judges  or  clerks  may  absent  himself  for 
sufficient  time  to  cast  his  vote.     (R.  S.  1899,  §  7310.) 

Sec.  6131.  Judge  or  clerk  absent,  vacancy,  how  filled — penalty 
for  absence  or  refusal  to  act — other  penalties. — If  any  judge  or  clerk 
shall  not  b'e  present  after  the  expiration  of  fifteen  minutes  from  the 
time  to  open  the  polls,  or  be  disqualified  or  refuse  to  act,  the  judge 
or  judges  present  shall  fill  the  place  of  such  absent  judge  or  clerk,  or 
vacancy,  always  selecting  a  person  of  the  same  political  party  as  the 
party  absent.  And  one  of  the  judges  shall  administer  to  such  substi- 
tute the  oath  as  required  of  the  judge  or  clerk  originally  appointed,, 
and  blank  forms  shall  be  sent  out  by  the  commissioners  for  such  pur- 
pose, which  oath  shall  be  preserved  and  returned  to  the  commissioners,. 
and  such  appointee  shall  be  subject  to  the  same  punishment  and 
penalties  as  any  other  judge  or  clerk.  Whenever  such  regular  judge 
or  clerk  shall  be  present,  such  substitute  shall  cease  to  act.  Any  judge 
or  clerk  who  shall  willfully  absent  himself  from  the  polls  on  election 
day,  without  good  cause,  shall  be  guilty  of  a  misdemeanor,  and  be  sub- 
ject to  a  fine  or  penalty  of  five  hundred  dollars.  And  if  such  judge 
or  clerk  shall  willfully  detain  any  register  or  poll  book  or  ballot,  and 
not  cause  them  to  be  produced  at  the  polling  place  at  the  opening  of 
the  polls,  or  for  fifteen  minutes  thereafter,  he  shall  be  guilty  of  a  mis- 
demeanor, and,  on  conviction,  shall  be  imprisoned  not  less  than  three 
months  nor  more  than  one  year  in  the  county  or  city  jail,  or  be  fined 
not  less  than  two  hundred  dollars  nor  more  than  one  thousand  dollars. 
(R.  S.  1899,  §  7311.) 

Sec.  6132.  Ballot  box  to  be  kept  in  public  view. — Before  voting 
begins  the  ballot  box  shall  be  empty,  and  it  shall  be  opened  and  shown 


REGISTRATION,    ELECTIONS  CITIES   OVER    100,000.  175 

to  those  present  to  be  empty;  and  it  shall  not  be  removed  from  the 
public  view  from  the  time  when  it  is  shown  to  be  empty  until  after 
the  close  of  the  polls.  It  shall  be  locked  and  the  key  delivered  to  one 
of  the  judges,  and  shall  not  be  again  opened  until  the  close  of  the 
polls.  The  judges  of  election  shall  each  be  held  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  fined  one  thousand  dollars  if 
such  ballot  box  shall  not  be  kept  constantly  in  public  view  during  the 
progress  of  the  election,  unless  it  shall  be  shown  by  such  judge  that  he 
protested  against  such  obstruction  of  the  view  of  the  ballot  box,  and 
was  overruled  by  the  majority  of  the  judges.  If  any  barricade  or 
other  obstruction  of  any  kind  shall  be,  prior  to  or  during  such  elec- 
tion, interposed,  so  that  all  who  desire  cannot  constantly  see  such 
ballot  box,  it  shall  be  the  duty  of  such  judges  to  remove  such  obstruc- 
tion on  request,  or  on  their  own  motion ;  and  if  such  obstruction  shall 
not  be  removed  on  request,  it  shall  be  the  duty  of  any  sheriff,  constable 
or  police  officer  to  remove  the  same  on  request.  And  such  judges  shall 
be  guilty  of  a  misdemeanor  and  liable  to  a  penalty  of  one  thousand 
dollars,  on  conviction,  for  not  removing  the  same  on  demand,  and  shall 
be  imprisoned  in  the  county  or  city  jail  not  less  than  six  months  nor 
more  than  one  year.  Any  judge  or  justice  of  the  peace  shall  have 
jurisdiction,  on  complaint,  to  issue  a  warrant  to  any  constable,  or  the 
sheriff  of  the  county  or  city,  to  remove  such  obstruction  as  a  nuisance ; 
and  in  executing  such  warrant,  he  may  call  any  person  to  his  assistance, 
and  no  other  officer  of  the  law  or  private  individual  shall  interpose  or 
interfere  with  such  removal ;  and  if  he  does,  he  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  he  shall  be  imprisoned  in  the  county  or 
city  jail  not  less  than  sixty  nor  more  than  ninety  days.  (R.  S.  1899, 
§  7312.) 

Sec.  6133.  Duties  of  clerks. — Each  of  the  clerks  of  the  election 
shall  keep  a  poll  book  which  contains  a  column  headed  ** Number," 
another  headed  "Residence,"  and  another  headed  "Names  of  Voters." 
The  name  and  street  and  number  of  the  residence  of  such  elector 
voting  shall  be  entered  upon  each  of  the  poll  books  by  the  clerks,  in 
regular  succession,  under  the  proper  headings,  and  the  number  of  such 
voter,  in  the  order  in  which  he  voted,  placed  opposite  the  name  in  the 
column  headed  "Number."     (R.  S.  1899,  §  7313.) 

Sec.  6134.  Duties  of  judges. — One  of  said  judges  of  said  election 
shall  receive  the  ballot  from  the  voter,  and  shall  announce  the  residence 
and  name  of  such  voter  in  a  loud  voice.  Said  judge  shall  then  write 
on  the  back  of  said  ballot  the  number  of  the  same,  in  the  order  in  which 
it  was  received,  which  number  shall  also  be  placed  opposite  the  name 
of  said  voter  in  the  poll  book  in  the  column  headed  "Number,"  and 
put  said  vote  into  the  ballot  box,  in  presence  of  the  voter  and  the 
judges  and  clerks  of  said  election,  a^nd  in  plain  view  of  the  public. 
The  judges  having  charge  of  such  registry  shall  then,  in  a  column 
prepared  thereon,  in  the  same  line  of  the  name  of  the  voter,  mark 
"Voted,"  or  the  letter  "V."  If  such  person  so  registered  shall  be 
challenged  as  disqualified,  the  party  challenging  shall  assign  his  rea- 
sons therefor,  and  thereupon  one  of  said  judges  shall  administer  to 


176  ELECTION   LAWS. 

him  an  oath  to  answer  questions;  and  if  he  shall  take  said  oath,  he 
shall  then  be  questioned  by  said  judge  or  judges  touching  such  cause 
of  challenge,  and  touching  any  other  cause  or  disqualification.  And 
he  may  also  be  questioned  by  the  person  challenging  him  in  regard  to 
his  qualifications  and  identity.  But  if  a  majority  of  the  judges  are  of 
the  opinion  that  he  is  the  person  so  registered  and  a  qualified  voter, 
his  vote  shall  then  be  received  accordingly.  But  if  his  vote  be  re- 
jected by  such  judges,  such  person  may  afterward  produce  and  deliver 
an  affidavit  to  such  judges,  subscribed  and  sworn  to  by  him  before  one 
of  said  judges,  in  which  it  shall  be  stated  how  long  he  has  resided 
in  such  precinct,  county  or  city  and  state,  that  he  is  a  citizen  of  the 
United  States,  and  is  a  duly  qualified  voter  in  such  precinct,  and  that 
he  is  the  identical  person  so  registered ;  also  supported  by  an  affidavit 
of  a  registered  voter  who  is  a  householder  residing  in  such  precinct, 
stating  his  own  residence,  and  that  he  knows  such  person,  and  that 
he  does  reside  at  the  place  mentioned,  and  has  resided  in  such  precinct, 
county  and  state  for  the  length  of  time  as  stated  by  such  person,  which 
shall  be  subscribed  and  sworn  to  in  the  same  way;  whereupon  the 
vote  of  such  person  shall  be  received  and  entered  as  other  votes.  But 
such  clerks  and  judges  having  charge  of  such  registers  shall  state  in 
their  respective  books  the  facts  in  such  case,  and  the  affidavits  so 
delivered  to  said  judges  shall  be  preserved  and  returned  to  the  office 
of  the  commissioners  of  election.  Blank  affidavits  of  the  character 
aforesaid  shall  be  sent  out  to  the  judges  of  all  precincts,  and  the 
judges  of  election  shall  furnish  the  same  on  demand,  and  administer 
the  oath  without  criticism.  Such  oaths,  if  administered  by  any  other 
officer  than  such  judge  of  election,  shall  not  be  received.  (R.  S.  1899, 
%  7314.) 

Sec.  6135.  None  but  those  registered  shall  vote. — The  vote  of  no 
one  shall  be  received  by  said  judges  whose  name  does  not  appear  upon 
said  register  as  a  qualified  voter.     (R.  S.  1899,  §  7315.) 

Sec.  6136.  Challengers,  how  selected — their  rights  and  duties.— 
At  every  registration  and  election,  each  of  the  political  parties  shall 
have  the  right  to  designate  and  keep  a  challenger  at  each  place  of 
registration,  revision  of  registration  and  voting,  who  shall  be  assigned 
«uch  position  immediately  adjoining  the  judges  of  election,  inside  the 
polling  or  registration  booth,  as  will  enable  him  to  see  each  person 
as  he  offers  to  register  or  vote,  and  who  shall  be  protected,  in  the  dis- 
charge of  his  duty,  by  the  judges  of  election  and  the  police.  And 
authority  signed  by  the  recognized  chairman  or  presiding  officer  of  the 
chief  managing  committee  of  a  party  in  any  such  city,  shall  be  suf- 
ficient evidence  of  the  right  of  the  challenger  for  such  party  to  be 
present  inside  the  rooms  where  the  ballot  box  is  kept.  But  in  case 
any  challenger  does  not  or  cannot  produce  the  authority  of  such 
chairman,  it  shall  be  the  duty  of  such  judges  of  election  to  recognize 
a  challenger  that  shall  be  vouched  for  and  presented  to  them  by 
the  persons  present  belonging  to  such  political  party,  or  who  shall  be 
vouched  for  by  the  judge  representing  such  party.  The  chairman  of  the 
managing  committee  of  each  political  party  for  such  city  may  remove 
Any  challenger  appointed  by  him,  and  substitute  another  in  his  place. 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  177 

The  challenger  so  appointed  and  admitted  to  the  room  where  such 
ballot  box  is  kept  shall  have  the  right  and  privilege  of  remaining  dur- 
ing the  canvass  of  the  votes,  and  until  the  returns  are  duly  signed  and 
made.  Each  political  party  shall  also  have  the  right  to  a  challenger 
placed  conveniently  outside  of  the  polling  booth,  but  not  in  the  way 
of  the  voters.  In  addition  to  such  challenger,  each  of  the  political 
parties  casting  votes  at  such  poll,  at  the  close  of  the  polls  shall  have 
the  right  to  the  admission  of  two  persons  of  their  political  faith  into 
the  room  where  such  ballots  are  to  be  canvassed,  to  watch  such  can- 
vass, which  watchers  may  be  selected  as  above  prescribed  in  case  of 
challengers;  and  in  the  absence  of  such  selection,  it  shall  be  the  duty 
of  the  judges  of  such  election  to  admit  into  such  room  two  persons 
of  each  political  party  so  voting  at  such  election,  and  who  shall  be 
vouched  for  by  the  judge  or  judges  representing  such  political  party, 
to  be  present  during  the  canvass  of  such  votes  and  the  making  of  such 
returns;  that  such  persons  shall  be  of  good  character  and  sober,  and 
shall  in  nowise  interfere  with  such  canvass.  The  police  shall  in  no 
manner  interfere  with  the  entrance  of  such  watchers  into  such  room, 
but  they  shall  keep  order;  and  in  case  of  any  disorderly  conduct  on 
the  part  of  any  bystanders  or  watchers,  it  shall  be  the  duty  of  the 
police,  upon  request  of  the  judges,  to  exclude  such  persons  from  such 
room,  and  upon  such  watcher  or  watchers  being  excluded  from  such 
room,  the  judge  or  judges  representing  the  same  political  party  as  the 
rejected  watcher  may  select  other  watchers  in  their  stead.  (R.  S. 
1899,  §  7316.) 

Sec.  6137.  Judges  to  be  peace  ofi&cers. — Said  judges  of  election 
shall  have  authority  to  keep  the  peace,  and  to  cause  any  person  to  be 
arrested  for  any  breach  of  the  peace  or  for  any  breach  of  election  laws, 
or  any  interference  with  the  progress  of  such  election  or  of  the  can- 
vass of  the  ballots,  and  it  shall  be  the  duty  of  all  officers  of  the  law 
present  to  obey  the  order  of  such  judges  of  election;  and  an  officer 
making  an  arrest  by  the  direction  of  the  judges  shall  be  protected  in 
making  such  arrest.     (R.  S.  1899,  §  7317.) 

Sec.  6138.  Vote,  how  canvassed. — As  soon  as  the  poll  of  an  elec- 
tion shall  have  been  finally  closed,  the  judges  of  election  in  their 
several  precincts,  shall  immediately,  and  at  the  same  place  of  the  poll, 
proceed  to  canvass  the  vote  so  cast.  Such  canvass  shall  not  be  ad- 
journed or  postponed  until  it  shall  have  been  fully  completed,  nor  until 
the  several  statements  hereinafter  required  to  be  made  by  the  judges 
and  clerks  shall  have  been  made  out  and  signed  by  them.  The  judges 
of  election  shall  have  the  right  to  station  one  or  more  police  officers, 
or  officers  of  the  peace,  at  such  entrance  to  the  room  where  such  can- 
vass is  begun  or  about  to  take  place,  to  exclude  disorderly  persons  and 
to  keep  the  peace.  The  challengers  present,  and  the  watchers  of  such 
canvass,  shall  be  allowed  to  be  present,  and  so  near  that  they  can  see 
that  the  judges  and  clerks  of  said  election  are  faithfully  performing 
their  duties.  No  judge  of  election  or  police  or  other  officer  shall  allow 
such  person  to  be  molested  or  removed  during  the  canvass  of  such  bal- 
lots, nor  until  such  statements  have  been  made,  completed  and  signed, 

E    Lr— 12 


178  ELECTION   LAWS. 

unless  he  shall  be  personally  guilty  of  fraudulent  or  disorderly  con- 
duct.    (R.  S.  1899,  §  7318.) 

Sec.  6139.  Ballots,  how  counted. — The  judges  of  election  shall 
first  count  the  whole  number  of  ballots  in  the  box.  If  the  ballots  shall 
be  found  to  exceed  the  number  of  names  entered  on  each  of  the  poll 
lists,  they  shall  reject  the  ballots,  if  any,  found  folded  inside  of  a 
ballot ;  and  if  the  ballots  and  the  poll  lists  still  do  not  agree  after  such 
rejection,  they  shall  reject  all  ballots  not  numbered  as  required  by 
section  6134  of  this  article,  and  no  ballot  not  so  numbered  shall  be 
counted.  The  ballots  so  rejected  shall  be  enclosed  in  an  envelope 
marked  ''rejected  ballots,"  and  returned  with  the  ballot  boxes  to  the 
board  of  election  commissioners ;  and,  the  ballots  or  poll  list  agreeing 
or  being  made  to  agree  in  this  way,  the  board  shall  proceed  to  count 
the  vote  in  the  following  manner :  Said  judges  shall  open  the  ballots 
and  place  those  which  contain  the  same  names  together,  so  that  the 
several  kinds  shall  be  in  separate  piles  or  on  separate  files.  Each  of 
the  judges  shall  examine  the  separate  files  which  are,  or  are  supposed 
to  be  alike  and  exclude  from  such  files  any  which  may  have  a  name 
or  an  erasure,  or  in  any  manner  shall  be  different  from  the  other  of 
such  file.  One  of  said  judges  shall  then  take  one  file  of  the  kind  of 
ballots  which  contain  the  same  names  and  count  them  by  the  tens, 
carefully  examining  each  name  on  each  of  said  ballots.  Such  judge 
shall  then  pass  the  ten  ballots  aforesaid  to  a  judge  of  the  opposite 
political  party,  who  shall  count  them  in  the  same  manner.  One  of 
the  remaining  judges,  in  the  presence  and  under  the  view  of  the  other 
judge,  shall  then  call  the  names  of  the  persons  named  in  the  ten  ballots, 
and  the  offices  for  which  they  are  designated,  and  the  poll  clerks  shall 
tally  ten  votes  for  each  of  such  persons.  When  said  judges  shall  have 
gone  through  such  file  of  ballots  containing  the  same  names  by  tens 
in  that  way,  and  when  the  poll  clerks  shall  have  tallied  all  the  votes 
by  tens  for  each  of  such  persons,  they  shall  then  take  up  the  next  file 
of  ballots  containing  the  same  names,  and  shall  count  them  by  tens 
in  the  same  way,  and  shall  call  the  names  of  the  persons  named  in  said 
ballots  and  the  offices  for  which  they  are  designated,  and  the  tally 
clerks  shall  tally  the  votes  by  tens  for  each  of  said  persons,  in  the  same 
manner  as  in  the  first  instance.  When  the  counting  of  each  file  of. 
ballots  which  contain  the  same  names  shall  be  completed,  the  poll 
clerks  shall  compare  their  tallies  together  and  ascertain  the  total  num- 
ber of  ballots  of  that  kind  so  canvassed.  And  when  they  agree  upon 
the  number,  one  of  them  shall  announce  it  in  a  loud  voice  to  the  judges. 
The  said  judges  shall  then  canvass  the  other  kind  of  ballots  which  do 
not  correspond,  those  containing  names  partly  from  one  kind  of  ballots, 
and  partly  from  another,  being  those  usually  called  "split  tickets,**  and 
those  from  which  the  name  of  the  person  proper  to  be  voted  for  on  such 
ballots  has  been  omitted  or  erased,  usually  called  ''scratched  tickets." 
They  shall  be  canvassed  separately  by  one  of  the  judges,  which  judge 
shall  call  each  name  to  the  poll  clerks,  and  the  office  for  which  it  is 
designated ;  and  with  the  judges  of  the  opposing  political  party  looking 
at  the  ballot  at  the  same  time,  and  the  poll  clerk  making  tally  of  the 
same.    When  all  the  ballots  have  been  canvassed  in  this  manner,  the 


REGISTRATION,    ELECl'IONS  CITIES   OVER   100,000.  179 

poll  clerks  shall  compare  their  tallies  together,  and  ascertain  the  total 
number  of  votes  received  by  each  candidate,  and  when  they  agree  upon 
the  numbers,  one  of  them  shall  announce  in  a  loud  voice  to  the  judges 
the  number  of  votes  received  by  each  candidate  on  each  of  the  kinds 
of  ballots  containing  his  name,  the  number  received  by  him  on  the 
split  and  scratched  tickets,  and  the  total  number  of  votes  received 
by  him.     (R.  S.  1899,  §  7319.) 

Sec.  6140.  Disposition  of  counted  ballots. — Each  batch  of  ten 
ballots  counted  by  the  judges  of  election  shall,  as  soon  as  counted, 
read  and  tallied,  be  strung  upon  a  strong  string,  thread  or  twine,  in 
the  order  in  which  they  have  been  read ;  and  each  batch  shall  thus  be 
disposed  of  before  the  commencement  of  the  count  as  to  the  next  batch. 
(R.  S.  1899,  §  7320.) 

Sec.  6141.  Vote  on  propositions  submitted  canvassed,  how. — 
Whenever  any  proposition  is  submitted  to  a  vote  of  the  people,  and 
is  printed  or  written  upon  the  same  ticket  with  the  names  of  candidates 
for  an  office,  the  names,  together  with  such  proposition,  shall  be  can- 
vassed in  the  following  manner :  All  the  ballots  shall  be  first  separated 
into  three  piles,  the  first  pile  containing  all  the  ballots  in  favor  of  such 
proposition;  the  second  pile  containing  all  the  ballots  against  such 
proposition;  and  the  third  pile  containing  all  the  ballots  not  mention- 
ing such  proposition,  or  being  neither  for  nor  against  such  proposition. 
Each  of  the  judges  shall  then  examine  each  pile  and  see  that  the  sepa- 
ration has  been  properly  made.  Then  the  first  pile  shall  be  counted 
by  tens  and  the  result  announced  to  the  clerk,  who  shall  tally  the  same 
by  tens ;  and  so  the  second  pile  shall  be  counted,  announced  and  tal- 
lied, and  likewise  the  third  pile,  if  necessary;  whereupon,  the  clerks 
shall  announce  to  the  judges  the  number  of  votes  for,  and  the  number 
of  votes  against,  such  proposition.  The  ballots  for  or  against  any 
proposition  submitted  shall  always  be  canvassed,  counted  and  tallied 
before  the  names  of  candidates  for  any  office  are  canvassed,  counted 
or  tallied.     (R.  S.  1899,  §  7321.) 

Sec.  6142.  Headings  for  tally  sheets. — If  the  tally  sheets  and 
returns  should  contain  no  heading  for  any  proposition  submitted,  it 
shall  be  the  duty  of  the  clerks  to  write  into  such  tally  sheets  and 
returns  the  headings  necessary  in  order  to  keep  a  correct  tally,  and 
to  make  a  correct  and  accurate  return;  and  it  shall  be  the  legal  duty 
of  the  clerks  and  judges  of  election  to  make  a  true  count  and  correct 
return  of  all  votes  upon  any  such  proposition ;  and  any  willful  failure 
or  neglect  of  any  judge  or  clerk  to  do  so  shall  constitute  a  felony,  and 
on  conviction,  such  judge  or  clerk  shall  be  sent  to  the  penitentiary 
for  not  less  than  three  nor  more  than  five  years.     (R.  S.  1899,  §  7322.) 

Sec.  6143.  Proclamation  of  result  of  election,  etc. — ^ballots  to  be 
returned  to  commissioners — duty  of  commissioners. — When  the  can- 
vass of  the  ballots  shall  have  been  completed,  and  the  poll  clerks  shall 
have  announced  to  the  judges  the  total  number  of  votes  received  by 
each  candidate,  a  judge  of  election  of  each  political  party  in  turn  shall 
then  proclaim  in  a  loud  voice  the  total  number  of  votes  received  by  each 
of  the  persons  voted  for  in  such  precinct,  as  shown  by  the  tally  sheets, 


180.  ELECTION   LAWS. 

and  the  office  for  which  he  is  designated,  and  the  number  of  votes  for 
and  the  number  of  votes  against  any  proposition  which  shall  have 
been  submitted  to  a  vote  of  the  people.  Such  proclamation  shall  be 
prima  facie  evidence  of  the  result  of  the  canvass  of  such  ballots. 
Immediately  after  making  such  proclamation  and  before  separating, 
the  judges  shall  fold  in  two  folds,  and  string  closely  upon  a  single 
piece  of  flexible  wire,  all  ballots  which  have  been  counted  by  them, 
except  those  marked  ''objected  to,"  "defective"  or  "rejected,"  unite 
the  ends  of  such  wire  in  a  firm  knot,  seal  the  knot  in  such  manner 
that  it  cannot  be  untied  without  breaking  the  seal,  enclose  the  ballots 
so  strung  in  an  envelope,  on  which  shall  be  indorsed,  in  writing  or 
print,  the  number  of  the  precinct  and  the  date  on  which  such  election 
was  held,  and  securely  tie  and  seal  such  envelope  with  official  wax 
impression  seals,  to  be  provided  for  the  judges,  in  such  manner  that 
it  cannot  be  opened  without  breaking  the  seals,  and  return  said  ballots, 
together  with  the  package  containing  the  ballots  marked  "defective," 
"objected  to,"  or  "rejected,"  in  such  sealed  package  or  envelope  to 
the  board  of  election  commissioners.  Two  of  said  judges,  of  opposite 
politics,  shall,  immediately  after  signing  the  statement  of  the  result  of 
the  canvass  and  the  tally  sheets,  and  the  sealing  of  the  ballot  box,  go 
together  to  the  office  of  the  board  of  election  commissioners  and  deliver 
said  ballots  to  said  election  commissioners,  who  shall  keep  their  office 
open  until  all  of  said  ballots  have  been  received.  Immediately  upon  re- 
ceiving said  ballots,  said  election  commissioners  shall  give  a  receipt 
therefor,  and  shall  place  them,  properly  arranged  in  the  order  of  pre- 
cinct numbers,  in  boxes  which  shall  be  securely  locked,  and  the  keys  of 
all  such  boxes  shall  be  given  to  one  of  said  election  commissioners; 
said  boxes  shall  then  be  placed  in  a  vault  having  a  double  lock,  and 
said  vault  shall  be  locked,  and  one  key  thereof  shall  be  taken  and  kept 
by  each  of  the  election  commissioners  not  having  the  keys  to  the  boxes 
containing  the  ballots:  Provided,  that  the  commissioners  having  the 
keys  to  said  vault  shall  be  of  opposite  political  parties;  said  board  of 
election  commissioners  shall  securely  keep  said  ballots  for  twelve 
months,  not  opening  or  inspecting  them  themselves  nor  allowing  any 
one  else  to  do  so,  except  upon  order  of  court  in  case  of  contested  elec- 
tions, or  when  it  shall  be  necessary  to  produce  them  at  the  trial  of  any 
offense  committed  under  this  article.  At  the  end  of  twelve  months 
after  said  election,  said  ballots  shall  be  destroyed :  Provided,  that  if 
any  contest  of  the  election  of  any  officer  voted  for  at  such  election, 
or  prosecution  under  this  article,  shall  be  pending  at  the  expiration  of 
said  time,  the  said  ballots  shall  not  be  destroyed  until  such  contest 
or  prosecution  be  finally  determined.  In  all  cases  of  contested  elec- 
tions, the  parties  contesting  the  same  shall  have  the  right  to  have  said 
ballots  opened  and  counted,  and  to  have  all  errors  of  the  judges  in 
counting  or  refusing  to  count  any  ballot  corrected  by  the  court  or 
body  trying  such  contest.     (R.  S.  1899,  §  7323.) 

Sec.  6144.  Certificate  to  be  made  by  judges  and  clerks — dispo- 
sition of. — The  said  judges  of  election  shall  make  quadruple  statements 
of  the  result  of  the  canvass,  one  of  which  shall  be  written,  or  partly 
written  and  partly  printed,  in  each  of  the  poll  books  used  at  such 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  181 

election.  Each  of  the  statements  shall  contain  a  caption  stating  the 
day  on  which,  and  the  number  of  the  election  precinct  and  the  ward, 
city  and  county  in  relation  to  which  such  statement  shall  be  made, 
and  the  time  of  opening  and  closing  of  the  polls  of  such  precinct.  It 
shall  also  contain  a  statement  showing  the  whole  number  of  votes 
given  for  each  person,  designating  the  office  for  which  they  were  given, 
which  statement  shall  be  written,  or  partly  written  and  partly  printed, 
in  words  at  length;  also  the  number  of  rejected  ballots  and  the  cause 
of  such  rejection;  and  in  case  a  proposition  of  any  kind  has  been  sub- 
mitted to  a  vote  at  such  election,  such  statement  shall  also  show  the 
number  of  votes  cast  for  or  against  such  proposition,  written  out  or 
partly  written  and  partly  printed  in  words  at  length,  and  at  the  end 
thereof  a  certificate  that  such  statement  is  correct  in  all  respects ;  which 
certificate,  and  each  sheet  of  paper  forming  part  of  the  statement,  shall 
be  subscribed  by  the  said  judges  and  election  clerks.  If  any  judge  or 
election  clerk  shall  decline  to  sign  such  returns,  he  shall  state  his 
reasons  therefor,  in  writing,  and  a  copy  thereof  signed  by  himself 
shall  be  enclosed  with  each  return.  Each  of  the  statements,  except 
the  one  contained  in  each  of  the  poll  books,  shall  be  enclosed  in  an 
envelope,  which  shall  then  be  securely  sealed  with  sealing  wax,  or 
other  adhesive  material;  and  each  of  the  judges  and  each  of  the  elec- 
tion clerks  shall  write  his  name  across  every  fold  at  which  the  envelope, 
if  unfastened,  could  be  opened.  One  of  the  envelopes  shall  be  directed 
to  the  circuit  clerk  and  one  to  the  comptroller  of  the  city,  or  to  the 
officer  of  such  city  whose  duties  correspond  with  those  of  comptroller. 
Each  set  of  tallies  shaU  also  be  signed  by  the  election  clerks  and  the 
judges  of  election,  and  each  shall  be  enclosed  in  an  envelope,  securely 
sealed  and  signed  in  like  manner;  and  one  of  the  envelopes  shall  be 
directed  on  the  outside  to  the  election  commissioners  and  the  other 
to  the  city  register,  if  there  be  one,  and  if  not,  to  the  city  clerk.  On 
the  outside  of  every  envelope  shall  be  indorsed  whether  it  contains 
the  statement  of  the  votes  cast  or  the  tallies,  and  for  what  precinct 
and  ward.     (R.  S.  1899,  §  7324.) 

Sec.  6145.  Disposition  of  poll  books,  ballot  boxes,  etc. — The  poll 
books  which  contain  two  of  the  several  statements  or  returns  shall  be 
placed  in  the  ballot  box,  and  the  ballot  box  shall  then  be  locked  and 
the  key  removed;  whereupon,  said  judges  of  election  shall  all  write 
their  names  upon  a  strip  of  paper  of  sufficient  length  for  the  following 
purposes  :  Said  strip  of  paper,  after  the  signing  of  their  names  thereon 
by  said  judges,  shall  then  be  pasted  over  the  keyhole  in  the  said 
ballot  box,  and  extending  upward  to  the  upper  lid  of  the  box  and 
carried  for  some  distance  over  the  top,  and  it  shall  be  placed  in  such 
a  way  that  the  signatures  of  said  judges  shall  extend  across  the  place 
of  the  opening  of  the  lid  of  the  box,  so  that  when  the  box  is  opened 
it  shall  tear  such  paper  and  destroy  the  signatures  written  thereon, 
and  so  that  when  the  key  shall  be  inserted  in  the  keyhole  it  will  tear 
the  paper  so  pasted  over  the  key  hole.  Such  paper  shall  be  fastened 
with  sealing  wax,  or  some  other  adhesive  material,  which  will  not 
permit  the  removal  of  such  slip  of  paper  without  defacing  the  same. 
(R.  S.  1899,  §  7325.) 


182  ELECTION   LAWS. 

Sec.  6146.  Ballot  boxes,  etc.,  to  be  delivered  to  commissioners. — 
Thereupon,  one  of  the  judges  of  election  shall  take  charge  of  said 
ballot  box  and  its  contents  so  enclosed,  and  one  of  the  judges,  who 
shall  represent  the  opposite  political  party  from  the  one  taking  the 
ballot  box,  shall  receive  and  hold  the  key  thereto.  The  two  judges  who 
do  not  have  charge  of  the  ballot  box  shall  each  take  one  of  the  state- 
ments of  the  votes  cast  into  his  possession,  sealed  up  in  envelopes  as 
aforesaid,  and  each  of  the  clerks  shall  take  one  of  the  tally  sheets, 
sealed  up  in  the  envelope  as  aforesaid.  Thereupon,  and  at  once,  the 
judge  having  possession  of  such  ballot  box  shall  deliver  the  same, 
with  the  contents  as  aforesaid,  to  the  board  of  election  commissioners, 
with  the  seal  unbroken,  and  shall  receive  a  receipt  therefor;  and  at 
the  same  time  the  judge  having  possession  of  such  key  shall  deliver 
the  same  to  said  board  of  commissioners  and  receive  a  receipt  there- 
for, and  the  two  judges  not  having  possession  of  the  ballot  box,  and 
the  two  clerks,  shall  each,  before  twelve  o'clock  of  the  next  day  after 
such  election,  deliver  the  statements  and  tallies  so  in  their  possession, 
respectively,  to  the  respective  officers  to  whom  addressed,  as  aforesaid, 
and  who,  by  this  article,  are  entitled  to  receive  the  same,  and,  when 
delivered,  each  one  shall  take  a  receipt  from  the  officer  to  whom  de- 
livered: Provided,  that  the  clerk  having  the  envelope  addressed  to 
the  election  commissioners  shall  deliver  the  same  to  said  commissioners 
immediately  upon  the  completion  of  the  canvass;  and  none  of  them 
shall  receive  pay  for  their  services  as  such  judges  or  clerks,  without 
the  production  of  the  receipts  so  given  them  by  the  officers  aforesaid. 
It  shall  be  the  duty  of  the  respective  officers  so  designated,  to  whom 
such  statements  and  tallies  are  ordered  to  be  delivered,  to  receive  the 
same,  and  to  safely  keep  under  lock  and  key  until  ordered  to  be  sur- 
rendered as  hereinafter  provided.     (R.  S.  1899,  §  7326.) 

Sec.  6147.  Duty  of  commissioners  with  reference  to  ballot  boxes, 
etc. — The  said  board  of  election  commissioners,  upon  the  receipt  of 
said  ballot  box,  and  key  thereto,  shall  note  the  condition  of  the  seal 
or  stamp  on  said  box,  and  enter  the  fact  touching  the  same  upon  a 
book  to  be  kept  by  them,  together  with  the  name  of  the  officer  who 
returned  such  ballot  box.  They  shall  thereupon  open  said  ballot  box 
and  remove  the  poll  books  containing  the  returns  of  the  votes  cast, 
and  note  upon  the  same  memorandum  book  their  condition,  and  shall 
put  them  in  a  secure  place  under  lock  and  key,  to  which  the  public, 
in  no  event,  shall  have  access.     (R.  S.  1899,  §  7327.) 

Sec.  6148.  Penalty  for  failure  to  deliver  ballot  boxes  to  commis- 
sioners.— If  any  judge  or  judges  or  clerk  taking  the  ballots,  ballot  box, 
statements,  tallies  or  poll  books,  to  be  delivered  to  the  board  of  elec- 
tion commissioners,  shall  fail  to  deliver  the  same  to  said  board  of  elec- 
tion commissioners  within  two  hours  after  the  close  of  the  canvass 
of  the  votes  as  aforesaid,  or  shall  fail  or  refuse  to  comply  with  the 
provisions  of  this  article,  he  or  they  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars,  or  imprisoned 
in  the  county  or  city  jail  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment.     (R.  S.  1899,  §  7328.) 


REGISTRATION,   ELECTIONS   CITIES   OVER    100,000.  183 

Sec.  6149.  Duty  of  canvassing  board. — Within  eight  days  after 
the  close  of  such  election,  the  board  of  election  commissioners,  who  are 
hereby  declared  a  canvassing  board  for  such  city,  shall  publicly  open 
all  the  returns  left  respectively  with  the  election  commissioners,  the 
circuit  clerk  and  city  comptroller,  and  shall  make  abstracts  or  state- 
ments of  the  votes  in  the  following  manner,  as  the  case  may  require, 
viz. :  All  votes  for  governor  and  lieutenant-governor  on  one  sheet ; 
all  votes  for  other  state  officers  on  another  sheet;  all  votes  for  presi- 
dential electors  on  another  sheet;  all  votes  for  representatives  to 
congress  on  another  sheet;  all  votes  for  judges  of  the  supreme  court 
on  another  sheet;  all  votes  for  judges  of  the  court  of  appeals  on  an- 
other sheet;  all  votes  for  judges  of  the  circuit  court  on  another  sheet; 
all  votes  for  senators  and  representatives  to  the  general  assembly  on 
another  sheet ;  all  votes  for  county  officers  on  another  sheet ;  all  votes 
for  city  officers  on  another  sheet;  all  votes  for  township  officers  en 
another  sheet,  and  all  votes  for  any  other  officer  on  a  separate  and 
appropriate  sheet;  all  votes  for  and  all  votes  against  any  proposition 
which  may  be  submitted  to  a  vote  of  the  people  on  another  sheet. 
(R.  S.  1899,  §  7329.) 

Sec.  6150.  Announcement  and  certification  of  results  of  elections. 
It  shall  be  the  duty  of  such  board  of  canvassers  to  canvass,  add  up  and 
declare  the  result  of  every  election  hereafter  held  within  the  bounda- 
ries of  such  city,  and  certify  the  same  to  the  county  court,  and  in 
cities  not  within  a  county,  to  the  circuit  court;  and  the  county  court, 
and  in  cities  not  within  a  county,  the  circuit  court,  shall  thereupon  enter 
of  record  such  abstracts  and  results,  and  a  certified  copy  of  such  record 
shall  thereupon  be  filed  with  the  county  clerk  of  said  county,  and  in 
cities  not  within  a  county,  with  the  clerk  of  the  circuit  court;  and 
such  abstract  or  results  shall  be  treated  by  said  clerk,  in  all  respects, 
as  if  made  by  the  canvassing  board  now  provided  by  law,  and  he  shall 
transmit  the  same  to  the  secretary  of  state,  or  other  proper  officer,  as 
required  by  law ;  and  such  abstract  or  results  so  entered  and  declared 
by  such  court,  and  a  certified  copy  thereof,  shall  be  treated  everywhere 
within  the  state,  and  by  all  public  officers,  with  the  same  binding  force 
and  effect  as  the  abstract  of  votes  now  authorized  by  the  general  law 
of  the  state.     (R.  S.  1899,  §  7330.) 

Sec.  6151.  Certificates  of  election — county  or  circuit  clerk  to 
issue. — The  county  clerk,  and  in  cities  not  within  a  county,  the  circuit 
clerk,  shall  make  out  a  certificate  of  election  to  each  person  having  the 
highest  number  of  votes  for  the  several  county,  city  and  township 
offices,  including  members  of  the  general  assembly,  whose  district  lie 
partly  in  the  city  and  partly  in  the  county,  and  deliver  such  certificate 
of  election  to  the  person  entitled  to  it  on  his  application.  (R.  S.  1899, 
§  7331.) 

Sec.  6152.  Certificates  of  election — duty  of  circuit  and  county 
clerks. — The  circuit  clerk,  and  in  cities  within  a  county,  the  county 
clerk,  shall  make  out  a  certificate  of  election  to  each  of  the  persons 
having  the  highest  number  of  votes,  as  declared  by  the  order  of  said 
court,  for  the  several  city  and  township  offices  within  such  city,  in- 
cluding members  of  the  general  assembly  whose  district  are  wholly 


184  ELECTION  LAWS. 

within  said  city,  and  including  aldermen  and  members  of  the  municipal 
assembly,  and  deliver  such  certificate  of  election  to  the  person  entitled 
to  it,  on  his  application.     (R.  S.  1899,  §  7332.) 

Sec.  6153.  Duty  of  board  of  canvassers  where  there  are  indica- 
tions of  fraud. — If,  upon  opening  the  various  returns  so  made  by  the 
board  of  canvassers  aforesaid,  there  shall  be  anything  to  indicate  that 
a  change  has  been  made  in  such  returns  since  signing  the  same  by  the 
judges  or  clerks  or  of  any  frauds  in  any  respect  touching  such  returns, 
it  shall  then  be  the  duty  of  said  canvassing  board  to  have  all  the  tallies 
opened  and  examined.  If  there  shall  then  be  any  doubts  as  to  the 
genuineness  of  such  returns  for  any  precinct,  and  as  to  the  actual 
vote  as  originally  returned,  and  the  truth  respecting  the  same  remain 
uncertain,  it  shall  be  the  duty  of  said  canvassers  to  examine  any  per- 
son or  persons  who  were  present  at  the  time  of  the  proclamation  so 
made  by  the  judges  of  election  in  such  precinct,  about  which  any  doubt 
may  arise,  and  the  board  shall  be  permitted  to  place  such  parties  or 
witnesses  under  oath  and  examine  them  touching  the  same,  and  it 
shall  be  their  duty  to  call  such  parties  who  were  present  at  the  time 
of  such  proclamation  to  come  before  them,  and  a  subpoena  may  be 
issued  by  the  circuit  court,  under  the  direction  of  said  board  compel- 
ling any  such  witnesses  to  come  before  such  board  and  give  their  evi- 
dence touching  the  matter  in  controversy;  and  thereupon  it  shall  be 
the  duty  of  said  board  to  declare  the  result  of  the  vote  in  any  such 
precinct  in  regard  to  which  any  question  arises,  in  the  same  manner 
as  it  was  proclaimed  by  the  judges  of  election  after  the  canvass  by 
them  in  such  precinct,  which  results  when  so  declared,  shall  be  binding 
and  conclusive,  except  in  case  of  an  election  contest.  (R.  S.  1899, 
§  7333.) 

Sec.  6154.  Offenses  against  registration  and  election  laws  pun- 
ished, how. — If,  at  any  general  registration  of  voters,  or  any  of  the 
meetings  of  the  judges  of  election  held  for  such  purpose,  or  for  re- 
vision thereof,  as  provided  in  this  article,  any  person  shall  falsely  per- 
sonate an  elector  or  other  person,  and  register  or  attempt  or  offer  to 
register  in  the  name  of  such  elector  or  other  person ; 

Or  if  any  person  shall  knowingly  or  fraudulently  register,  or  offer 
or  attempt  to  make  application  to  register,  in  or  under  the  name  of 
any  other  person,  or  in  or  under  any  false,  assumed  or  fictitious  name, 
or  in  or  under  any  name  not  his  own ; 

Or  shall  knowingly  or  fraudulently  register  in  two  election  pre- 
cincts ; 

Or,  having  registered  in  one  precinct,  shall  fraudulently  attempt  or 
offer  to  register  in  another ; 

Or  shall  fraudulently  register,  or  attempt  or  offer  to  register,  in 
any  election  precinct,  not  having  a  lawful  right  to  register  therein; 

Or  shall  knowingly  or  willfully  do  any  unlawful  act  to  secure 
registration  for  himself  or  any  other  person,  or  shall  knowingly,  will- 
fully or  fraudulently,  by  false  personation  or  otherwise,  or  by  any  un- 
lawful means,  cause  or  procure,  or  attempt  to  procure,  the  name  of  any 
qualified  voter,  in  any  election  precinct,  to  be  erased  or  stricken  from 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  185 

any  registry  of  voters  of  such  precinct,  made  in  pursuance  of  this 
article  or  otherwise,  as  in  this  article  provided ; 

Or  by  force,  threat,  menace,  intimidation,  bribery,  reward,  or  offer 
or  promise  thereof,  or  other  unlawful  means,  prevent,  hinder  or  delay 
any  person  having  a  lawful  right  to  register,  or  be  registered,  from 
duly  exercising  such  right; 

Or  shall  knowingly,  willfully  or  fraudulently  solicit,  compel  or 
induce,  or  attempt  or  offer  to  solicit,  compel  or  induce,  by  such  means  or 
any  unlawful  means,  any  judge  of  election  or  other  officer  of  registra- 
tion in  any  election  precinct,  to  register,  or  admit  to  registration,  any 
person  not  lawfully  entitled  to  registration  in  such  precinct ; 

Or  to  register  any  false,  assumed  or  fictitious  name,  or  any  name 
of  any  person  except  as  provided  in  this  article; 

Or  shall  knowingly  or  willfully  or  fraudulently  interfere  with, 
hinder  or  delay  any  judge  of  election,  or  other  officer  of  registration 
in  the  discharge  of  his  duties,  or  counsel,  advise  or  induce,  or  attempt 
to  induce,  any  such  judge  or  other  officer  to  refuse  or  neglect  to  com- 
ply with  or  to  perform  his  duties,  or  to  violate  any  law  prescribed  for 
regulating  the  same; 

Or  shall  aid,  counsel,  procure,  solicit  or  advise  any  voter,  person, 
judge  of  election  or  other  officer  of  registration  to  do  any  act  by  law 
forbidden,  or  in  this  article  constituted  an  offense,  or  to  omit  to  do 
any  act  by  law  directed  to  be  done ; 

Or  if  any  judge  or  clerk  of  election  shall,  at  any  registration  of 
voters,  knowingly  and  willfully  misspell  the  name  of  any  person  who 
applies  to  register  when  he  writes  said  name  on  the  registry  book, 
or  shall  write  therein  a  name  other  than  the  one  given  him  by  the 
applicant,  instead  of  said  name,  or  shall  under  the  column  *' Residence*' 
on  the  line  with  any  applicant's  name,  enter  any  street  or  number 
other  than  that  given  him  by  said  applicant,  or  shall  fail  or  neglect 
to  enter  in  said  column  the  street  and  number  and  the  designation  of 
the  house  or  room,  as  given  him  by  said  applicant ; 

Every  such  person,  upon  conviction  thereof,  shall  be  adjudged 
guilty  of  a  felony,  and  shall  be  punished  by  imprisonment  in  the  peni- 
tentiary for  not  less  than  two  nor  more  than  five  years.  (R.  S.  1899, 
§  7334.) 

Sec.  6155.  Impersonation  and  other  crimes.— If,  at  any  election 
hereafter  held  in  any  such  city,  any  person  shall  falsely  personate  any 
elector  or  other  person,  and  vote,  or  attempt  or  offer  to  vote  in  or 
upon  the  name  of  such  elector  or  other  person ; 

Or  shall  vote,  or  attempt  to  vote,  in  or  upon  the  name  of  any  other 
person,  whether  living  or  dead,  or  in  or  upon  any  false,  assumed  or 
fictitious  name,  or  in  or  upon  any  name  not  his  own ; 

Or  shall  knowingly,  willfully  or  fraudulently  vote  more  than  once 
for  any  candidate  for  the  same  office  except  as  authorized  by  law ;  ^ 

Or  shall  vote  or  attempt  or  offer  to  vote  in  any  election  precinct 
without  having  a  lawful  right  to  vote  therein; 

Or  vote  more  than  once,  or  vote  in  more  than  one  election  pre- 
cinct : 


186  ELECTION  LAWS. 


I 


Or,  having  once  voted,  shall  vote  or  attempt  or  offer  to  vote  again ; 

Or  shall  knowingly,  willfully  or  fraudulently  do  any  unlawful 
act  to  secure  a  right  or  an  opportunity  to  vote  for  himself  or  for  any 
other  person  to  vote ; 

Or  shall  by  force,  threat,  menace,  intimidation,  bribery  or  reward, 
or  offer  or  promise  thereof,  or  otherwise  unlawfully,  either  directly 
or  indirectly  influence  or  attempt  to  influence  any  elector  in  giving 
his  vote ; 

Or  prevent  or  hinder,  or  attempt  to  prevent  or  hinder,  any  quali- 
fied voter  from  freely  exercising  the  right  of  suffrage; 

Or,  by  any  such  means,  induce  or  attempt  to  induce  any  such 
voter  to  exercise  any  such  right ; 

Or  shall  by  any  such  means  or  otherwise  compel  or  induce  or 
attempt  to  compel  or  induce  any  judge  of  election  or  other  officer  of 
election,  in  any  election  precinct,  to  receive  the  vote  of  any  person 
not  legally  qualified  or  entitled  to  vote  at  the  said  election  in  such 
precinct ; 

Or  shall  knowingly,  willfully  or  fraudulently  interfere  with,  de- 
lay or  hinder,  in  any  manner,  any  judge  of  election,  poll  clerk  or  other 
officer  of  election  in  the  discharge  of  his  duties ; 

Or  by  any  such  means,  or  other  unlawful  means,  knowingly,  will- 
fully or  fraudulently  counsel,  advise,  induce  or  attempt  to  induce  any 
judge  of  election,  poll  clerk  or  other  officer  of  election  whose  duty  it 
is  to  ascertain,  proclaim,  announce  or  declare  the  result,  of  any  such 
election,  to  give  or  to  make  any  false  certificate,  document,  report, 
return. or  other  false  evidence  in  relation  thereto; 

Or  to  refuse  or  neglect  to  comply  with  his  duties,  or  to  violate 
any  law  regulating  the  same,  or  to  receive  the  vote  of  any  person  in 
any  election  precinct  not  entitled  to  vote  therein ; 

Or  to  refuse  to  receive  the  vote  of  any  person  entitled  to  vote 
therein ; 

Or  shall  aid,  counsel,  advise,  procure  or  assist  any  voter,  judge  or 
other  officer  of  election,  or  any  person  whomsoever,  to  do  any  act  by 
law  forbidden  or  in  this  article  constituted  an  offense; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  felony,  and  shall  be  punished  for  each  and  every  such  offense 
by  imprisonment  in  the  penitentiary  for  not  less  than  two  nor  more 
than  five  years.     (R.  S.  1899,  §  7335.) 

Sec.  6156.  Punishment  of  clerks. — ^If  any  election  clerk  or  poll 
clerk,  or  any  judge  of  election  performing  the  duties  of  poll  clerk,  or 
other  person  performing  such  duties,  shall  willfully  keep  a  false  poll 
list; 

Or  shall  knowingly  insert  in  his  poll  list  any  false  statement  of  any 
name  or  statement,  or  any  check,  alteration  or  mark,  except  as  in  this 
article  provided,  he  shall  upon  conviction  thereof,  be  adjudged  guilty 
of  a  felony,  and  shall  be  punished  by  imprisonment  in  the  penitentiary 
for  not  less  than  two  nor  more  than  five  years.     (R.  S.  1899,  §  7336.) 

Sec.  6157.  Punishment  of  judges. — Every  judge  of  election  who 
shall  willfully  exclude  any  vote  duly  tendered,  knowing  that  the  person 
offering  the  same  is  lawfully  entitled  to  vote  at  such  election; 


REGISTRATION,   ELECTIONS   CITIES   OVER    100,000.  187 

Or  shall  willfully  receive  a  vote  from  any  person  who  has  been 
duly  challenged  in  relation  to  his  right  to  vote  at  such  election,  with- 
out complying  with  the  provisions  of  this  article; 

Or  shall  willfully  omit  to  challenge  any  person  offering  to  vote 
whom  he  knows  not  to  be  entitled  to  vote,  and  who  has  not  been  chal- 
lenged by  any  other  person; 

Or  shall  deposit  any  ballot  in  the  ballot  box  without  first  number- 
ing the  same,  as  required  by  this  article,  he  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  felony,  and  shall  be  punished  by  im- 
prisonment in  the  penitentiary  for  not  less  than  two  nor  more  than 
five  years.     (R.  S.  1899,  §  7337.) 

Sec.  6158.  Judges,  clerks  and  canvassers  guilty  of  felony,  when. 
Every  judge  of  election,  member  of  any  board  of  canvassers,  poll 
clerk  or  other  officer  authorized  to  take  part  in  or  perform  any  duty 
in  relation  to  any  canvass  or  official  statement  of  the  votes  cast  at  any 
election  in  any  precinct  or  in  any  city,  who  shall  wiUfully  make  any 
false  canvass  of  such  votes ; 

Or  shall  make,  sign,  publish  or  deliver  any  false  return  of  such 
election,  or  any  false  certificate  or  statement  of  the  result  of  such 
election,  knowing  the  same  to  be  false; 

Or  who  shall  willfully  deface,  destroy  or  conceal  any  statement, 
tally  or  certificate  entrusted  to  his  care  or  custody; 

Shall,  on  conviction  thereof,  be  adjudged  guilty  of  a  felony,  and 
shall  be  punished  by  imprisonment  in  the  penitentiary  for  not  less 
than  two  years  nor  more  than  five  years.    (R.  S.  1899,  §  7338.) 

Sec.  6159.  Punishment  of  other  persons. — If  any  person  other 
than  a  judge  of  election,  shall,  at  any  such  election,  knowingly  and 
willfully  put  or  cause  to  be  put  any  ballot  or  ballots,  or  other  paper 
having  the  semblance  thereof,  into  any  box  used  at  such  election  for 
the  reception  of  votes ; 

Or  if  any  such  judge  of  election  shall  knowingly  and  willfully 
cause  or  permit  any  ballot  or  ballots  to  be  in  said  box  at  the  opening 
of  the  polls,  and  before  the  voting  shall  have  commenced; 

Or  shall  knowingly,  willfully  or  fraudulently  put  any  ballot  or 
other  paper  having  the  semblance  thereof,  or  cause  or  permit  any 
ballot,  or  other  paper  having  the  semblance  thereof,  to  be  put  into  any 
such  box  at  any  such  election,  unless  the  same  shall  be  offered  by  an 
elector,  and  his  name  shall  have  been  found  and  kept  upon  the  registry, 
as  hereinbefore  provided,  or  who  shall  be  entitled  to  vote  under  this 
article ; 

Or  if  any  such  judge  of  election,  or  other  officer  or  person,  shall 
fraudulently,  during  the  canvass  of  the  ballots,  in  any  manner  change, 
substitute  or  alter  any  ballot  taken  from  the  ballot  box  then  being 
canvassed,  or  from  any  ballot  box  which  has  not  been  canvassed ; 

Or  shall  remove  any  ballot,  or  semblance  thereof,  from,  or  add  any 
ballot  or  semblance  thereof  to,  the  ballots  taken  from  the  ballot  box 
then  being  canvassed,  or  from  any  ballot  box  which  has  not  been 
canvassed : 


188  ELECTION  LAWS. 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  felony,  and  shall  be  punished  by  imprisonment  in  the  peni- 
tentiary for  not  less  than  two  years  nor  more  than  five  years.  (R.  S. 
1899,  §  7339.) 

Sec.  6160.  Election  or  registration  officers  guilty  of  felony — 
penalty. — If  any  judge  of  election,  poll  clerk  or  other  officer  of  regis- 
tration, revision,  election  or  canvass,  of  whom  any  duty  is  required 
in  this  article,  or  by  the  election  laws  of  this  state,  so  far  as  the  same 
are  consistent  with  the  provisions  of  this  article,  shall  be  guilty  of  any 
corrupt  or  fraudulent  conduct  or  practice  in  the  execution  of  the  same, 
he  shall,  on  conviction  thereof,  unless  the  punishment  thereof  is  in 
this  article  otherwise  prescribed,  be  adjudged  guilty  of  a  felony,  and 
shall  be  punished  by  imprisonment  in  the  penitentiary  for  not  less 
than  two  nor  more  than  five  years.     (R.  S.  1899,  §  7340.) 

Sec.  6161.  Frauds  of  officers — penalty. — Every  commissioner  of 
elections,  judge  of  election,  poll  clerk  or  other  officer  or  person  having 
the  custody  of  any  record,  registry  of  voters  or  copy  thereof,  oath, 
return  or  statement  of  votes,  certificate,  poll  list,  or  of  any  paper, 
document  or  vote  of  any  description  in  this  article  directed  to  be  made, 
filed  or  preserved,  who  is  guilty  of  stealing,  willfully  destroying, 
mutilating,  defacing,  falsifying  or  fraudulently  removing  or  secreting 
the  whole  or  any  part  thereof ; 

Or  who  shall  fraudulently  make  any  entry,  erasure  or  alteration 
therein,  except  as  allowed  and  directed  by  the  provisions  of  this  article ; 

Or  who  permits  any  other  person  so  to  do, 

Shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  felony, 
and  shall  be  punished  for  each  and  every  such  offense  by  imprison- 
ment in  the  penitentiary  for  not  less  than  two  nor  more  than  five  years. 
(R.  S.  1899,  §  7341.) 

Sec.  6162.  Procuring  or  abetting  fraud  a  felony — ^penalty. — 
Every  person  not  an  officer,  such  as  is  mentioned  in  the  last  preceding 
section,  who  is  guilty  of  any  of  the  acts  specified  in  said  last  section, 
or  who  advises,  procures  or  abets  the  commission  of  the  same,  or  any 
of  them,  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  felony, 
and  for  each  and  every  such  offense  shall  be  punished  by  imprisonment 
in  the  penitentiary  for  not  less  than  two  nor  more  than  five  years. 
(R.  S.  1899,  §  7342.) 

Sec.  6163.  False  swearing — ^penalty. — Any  person  who  shall  be 
convicted  of  willfully  and  corruptly  swearing  or  affirming  in  taking 
any  oath  or  affirmation  prescribed  by  or  upon  any  examination  pro- 
vided for  in  this  article,  shall  be  adjudged  guilty  of  willful  and  cor- 
rupt perjury,  and  shall  be  punished  according  to  the  laws  of  the  state. 
(R.  S.  1899,  §  7343.) 

Sec.  6164.  Instigating  false  swearing — penalty. — ^Every  person 
who  shall  willfully  and  corruptly  instigate,  advise,  induce  or  procure 
any  person  to  swear  or  affirm  falsely,  as  aforesaid,  or  attempt  or  offer 
to  do  so,  shall  be  adjudged  guilty  of  subornation  of  perjury,  and  shall, 
upon  conviction  thereof,  suffer  the  punishment  directed  by  law  in 
cases  of  willful  and  corrupt  perjury.     (R.  S.  1899,  §  7344.) 


REGISTRATION,   ELECTIONS   CITIES   OVER    100,000.  189 

Sec.  6165.  Fraudulent  changing  or  substituting  ballots— penalty. 
If  any  person  shall  fraudulently  change  or  alter  the  ballot  of  any 
elector,  or  substitute  one  ballot  for  another,  or  fraudulently  furnish 
any  elector,  with  a  ballot  containing  more  than  the  proper  number 
of  names,  or  shall  intentionally  practice  any  fraud  upon  any  elector 
to  induce  him  to  deposit  a  ballot  as  his  vote,  which  shall  be  thrown  out 
and  not  counted,  or  otherwise  willfully  defraud  him  of  his  vote,  every 
such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
felony,  and  shall  be  punished  with  imprisonment  in  the  penitentiary 
for  not  less  than  two  nor  more  than  five  years,  or  imprisonment  in  the 
city  or  county  jail  not  less  than  six  months  nor  more  than  one  year. 
(R.  S.  1899,  §  7345.) 

Sec.  6166.  Convicts  voting — penalty. — If  any  person  who  shall 
have  been  convicted  of  bribery,  felony  or  other  infamous  crime,  under 
the  laws  of  any  state,  and  who  has  never  received  a  pardon  for 
such  offense  from  the  officer  entitled  to  grant  such  pardon,  shall  there- 
after vote,  or  offer  to  vote,  at  any  election  in  such  city,  he  shall,  upon 
conviction  thereof,  be  adjudged  guilty  of  a  felony,  and  for  each  and 
every  such  offense  shall  be  punished  by  imprisonment  in  the  peniten- 
tiary for  not  less  than  two  nor  more  than  five  years.  (R.  S.  1899, 
§  7346.) 

Sec.  6167.  Disobeying  lawful  commands  of  registration  or  elec- 
tion officer — penalty. — If  any  person  shall  willfully  disobey  any  lawful 
command  of  any  judge  of  election,  or  of  any  board  of  registry,  given 
in  the  execution  of  his  or  their  duty  as  such  at  any  election  or  regis- 
tration, he  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  imprisonment  in  the  county  or 
city  jail  for  not  less  than  thirty  days  nor  more  than  one  year,  or  by 
a  fine  not  less  than  two  hundred  and  fifty  nor  more  than  one  thousand 
dollars,  or  by  both  such  fine  and  imprisonment.  Any  misdemeanor 
under  this  article  for  which  no  penalty  is  specially  provided  shall  be 
punished  as  provided  in  this  section.     (R.  S.  1899,  §  7347.) 

Sec.  6168.  Interference  with  duties  of  officers,  etc.— penalty. — 
If,  at  any  general  registration  of  voters  or  revision  thereof,  or  on 
any  day  of  election,  or  during  the  canvass  of  the  votes  cast  thereat, 
any  person  shall  cause  any  breach  of  the  peace,  or  be  guilty  of  any 
disorderly  conduct,  violence  or  threats  of  violence,  whereby  any  such 
registration,  revision,  election  or  canvass  shall  be  impeded  or  hindered ; 

Or  whereby  the  lawful  proceedings  of  any  judge  of  election,  or 
board  of  registration,  or  poll  clerk  or  other  officer  of  such  election,  or 
challenger,  or  person  designated  to  be  present  at  the  canvass  of  any 
ballot,  as  hereinbefore  provided,  is  interfered  with; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days  nor  more  than  one  year,  or  by 
a  fine  of  not  less  than  two  hundred  and  fifty  dollars  nor  more  than  one 
thousand  dollars,  or  by  both  such  fine  and  imprisonment.  (R.  S.  1899, 
§  7348.) 

Sec.  6169.  Assaulting  judges  or  clerks,  etc.— penalty.— K  any 
person,  knowingly  or  willfully,  shall  obstruct,  hinder  or  assault,  or  by 


190  ELECTION   LAWS. 

bribery,  solicitation  or  otherwise  interfere  with  any  judge  of  election^ 
poll  clerk,  challenger  or  person  designated  as  provided  in  this  article 
to  be  present  at  the  canvass  of  any  ballots  in  the  performance  of  any 
duty  required  of  him,  or  which  he  may  by  law  be  authorized  or  per- 
mitted to  perform; 

Or  if  any  person,  by  any  of  the  means  before  mentioned  or  other- 
wise, unlawfully,  shall,  on  the  day  of  registration,  revision  of  registra- 
tion or  of  election,  hinder  or  prevent  any  judge  of  election,  poll  clerk, 
challenger  or  person  designated  as  provided  in  this  article  to  be 
present  at  the  canvass  of  ballots,  in  his  free  attendance  and  presence 
at  the  place  of  registration  or  revision  of  registration,  or  of  election, 
in  the  election  precinct  in  and  for  which  he  is  appointed  or  designated 
to  serve; 

Or  in  his  full  and  free  access  and  egress  to  and  from  any  such 
place  of  registration,  revision  of  registration,  or  of  election; 

Or  to  or  from  any  room  where  such  registration,  revision  of  regis- 
tration or  election,  or  canvass  of  votes,  or  making  of  any  return  or 
certificates  thereof,  may  be  had; 

Or  shall  molest,  interfere  with,  remove  or  eject  from  any  such 
place  of  registration  or  poll  of  election,  or  of  canvassing  ballots  cast 
thereat,  or  of  making  returns  or  certificates  thereof,  any  such  judge 
of  election,  poll  clerk,  challenger  or  person  designated,  as  provided 
in  this  article  to  watch  the  canvass  of  any  ballots,  except  as  otherwise 
provided  in  this  article,  or  shall  unlawfully  threaten  or  attempt  or 
offer  so  to  do ; 

Every  such  person  shall  be  guilty  of  a  misdemeanor,  and,  on  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the  county  or 
city  jail  for  not  less  than  six  months  nor  more  than  one  year,  or  shall 
be  fined  not  less  than  two  hundred  nor  more  than  one  thousand  dol- 
lars, or  both.     (R.  S.  1899,  §  7349.) 

Sec.  6170.  Destrojdng,  concealing  or  removing  ballot  boxes  or 
ballots  a  felony — ^penalty. — If  any  person,  upon  the  day  of  such  elec- 
tion, or  before  the  canvass  of  votes  is  completed,  shall  conceal  or  will- 
fully break  or  destroy  any  ballot  box  used  or  intended  to  be  used  at 
such  election; 

Or  shall  willfully  or  fraudulently  conceal,  secrete  or  remove  any 
such  box  from  the  custody  of  judges  of  election ;  or  shall  alter,  deface, 
injure,  destroy  or  conceal  any  ballot  which  has  been  deposited  in  any 
ballot  box  at  such  election  which  has  not  been  counted  or  canvassed; 
or  poll  list  used  at  such  election;  or  any  report,  return,  certificate  or 
other  evidence  in  this  article  required,  as  provided  for ; 

Every  such  person  shall,  on  conviction  thereof,  be  adjudged  guilty 
of  a  felony,  and  shall,  for  each  and  every  such  offense,  be  punished  by 
imprisonment  in  the  state  penitentiary  for  not  less  than  two  nor  more 
than  five  years.     (R.  S.  1899,  §  7350.) 

Sec.  6171.  Illegal  registration  or  canvassing  by  officers — penalty. 
If  at  any  election  precinct  at  any  registration  of  voters  or  revision 
thereof,  or  at  any  election  hereafter  held  in  such  city,  any  judge  of 
election  or  poll  clerk  shall  knowingly  or  willfully  admit  any  person 


REGISTRATION,    ELECTIONS   CITIES   OVER    100,000.  191 

to  registration,  or  make  any  entry  upon  any  register  or  poll  book,  or 
receive  any  vote,  or  proceed  with  the  canvass  of  ballots,  or  shall  con- 
sent thereto,  unless  a  majority  of  all  the  judges  of  election  in  such 
election  precinct  are  present  and  concur,  he  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  imprisonment  in  the  county  or  city  jail  for  not  less  than  thirty  nor 
more  than  sixty  days,  or  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  one  thousand  dollars,  or  by  both  such  fine  and  imprison- 
ment.   (R.  S.  1899,  §  7351.) 

Sec.  6172.  Judge  absenting  himself,  etc. — ^penalty. — If  any  judge 
of  election  in  any  election  precinct  shall,  without  urgent  necessity, 
absent  himself  from  the  place  of  registration,  or  the  polls  of  said  pre- 
cinct, upon  any  day  of  election,  whereby  less  than  a  majority  of  all 
the  judges  in  such  election  precinct  shall  be  present  during  such  hours 
of  registration,  election  or  canvass  of  ballots,  he  shall,  upon  conviction, 
be  adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  by  im- 
prisonment in  the  county  or  city  jail  for  not  less  than  sixty  days  nor 
more  than  one  year,  or  shall  be  fined  not  less  than  five  hundred  nor 
more  than  one  thousand  dollars,  or  both.     (R.  S.  1899,  §  7352.) 

Sec.  6173.  Judges  and  clerks  not  to  electioneer — penalty. — It 
shall  be  unlawful  for  any  judge  of  election,  poll  clerk,  challenger  or 
person  designated  as  provided  in  this  article,  or  any  person  or  persons 
within  the  polling  place,  to  electioneer  for  any  candidate,  party  or 
proposition.  Any  violation  of  this  section  shall  be  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  in  the  county  or  city  jail  for 
not  less  than  ten  nor  more  than  ninety  days,  or  by  a  fine  of  not  less 
than  fifty  nor  more  than  one  hundred  dollars,  or  both.  (R.  S.  1899, 
§  7353.) 

Sec.  6174.  Offenses  by  police  officers — ^penalty. — If  any  police 
oflScer  shall,  at  any  election  precinct,  intimidate,  assault  or  drive  away 
from  the  polls  any  duly  qualified  voter,  or  prevent,  or  attempt  to  pre- 
vent, any  such  lawful  voter  from  exercising  his  elective  franchise; 

Or  shall  disobey  any  lawful  order  of  a  judge  .of  election; 

Or  shall  intimidate,  assault  or  interfere  with  any  judge  of  elec- 
tion, clerk  of  election,  challenger  or  watcher  in  the  performance  of 
his  duties,  or  willfully  permit  any  other  person  to  intimidate,  assault 
or  interfere  with  them  or  any  of  them;  or,  shall  knowingly  fail  to 
arrest  any  one  attempting  to  vote  the  second  time  at  such  precinct, 
after  having  voted  once  thereat; 

He  shall,  upon  conviction,  be  adjudged  guilty  of  a  felony,  and  be 
punished  by  imprisonment  in  the  penitentiary  for  not  less  than  two 
nor  more  than  five  years. 

In  addition  thereto,  the  board  of  police  commissioners  of  any  city 
aforesaid,  upon  complaint  being  made  to  it  that  any  officer  has  been 
guilty  of  any  of  the  offenses  aforesaid,  shall  cite  said  officer  before 
the  board  for  trial;  said  trial  shall  be  public,  upon  oral  testimony, 
and  the  board  shall  issue  subpoenas  for  all  witnesses  required  by  said 
complainant  and  said  defendant  officer,  and  said  board  of  police  com- 
missioners shall  have  power  to  compel  the  attendance  of  witnesses  at 
said  trial. 


192  ELECTION   LAWS. 

If,  Upon  such  trial,  said  officer  shall  be  found  guilty  of  any  of 
the  offenses  aforesaid,  he  shall  be  summarily  dismissed  from  the  force ; 
and  upon  sworn  complaint  being  made  to  said  board  of  police  com- 
missioners that  any  officer  has  been  guilty  of  any  of  the  offenses  afore- 
said, said  board  shall  at  once  suspend  said  officer,  and  shall  not 
reinstate  him  until  after  trial  before  said  board  and  acquittal.  (R. 
S.  1899,  §  7354.) 

Sec.  6175.  Forfeitures  to  be  paid  into  treasury. — All  forfeitures 
provided  for  in  this  article  shall  be  recovered  in  the  name  of  the  board 
of  election  commissioners,  and  shall  be  paid,  when  collected,  into  the 
county  or  city  treasury.     (R.  S.  1899,  §  7355.) 

Sec.  6176.  Irregularities  no  defense,  etc. — ^Irregularities  or  de- 
fects in  the  mode  of  noticing,  convening,  holding  or  conducting  an 
election  authorized  by  law  shall  constitute  no  defense  to  a  prosecution 
for  a  violation  of  the  provisions  of  this  article.     (R.  S.  1899,  §  7356.) 

Sec.  6177.  "Election"  and  "householder"  defined.— Every  act 
which,  by  the  provisions  of  this  article  or  the  general  election  laws,  is 
made  a  crime  when  committed  with  reference  to  the  election  of  a  candi- 
date, is  equally  criminal  when  committed  with  a  reference  to  the 
determination  of  the  question  submitted  to  electors,  to  be  decided  by 
votes  cast  at  an  election.  The  word  "election,"  as  used  in  this  article, 
shall  be  construed  to  designate  elections  had  within  any  city,  for  the 
purpose  of  enabling  electors  to  choose  some  public  officer  or  officers 
under  the  laws  of  this  state  or  the  United  States,  or  to  pass  any  amend- 
ment, law  or  other  public  act  or  proposition  submitted  to  vote  by  law. 
The  word  "householder,"  as  used  in  this  article,  shall  mean  the  chief 
or  head  of  a  family,  who  resides  with  the  family  as  a  family,  and  who 
supports  and  provides  for  such  family  as  an  independent  family.  (R. 
S.  1899,  §  7357.) 

Sec.  6178.  Fine  and  imprisonment  for  misdemeanor. — In  case  of 
misdemeanor  committed  where  a  matter  of  fine  shall  be  imposed  in- 
stead of  imprisonment,  such  party  shall  be  discharged  from  imprison- 
ment only  on  condition  of  payment  of  the  fine,  and  unless  paid,  im- 
prisonment shall  continue  until  such  fine  shall  be  canceled  by  an  allow- 
ance of  three  dollars  per  day  for  each  day  of  imprisonment.  (R.  S. 
1899,  §  7358.) 

Sec.  6179.  Commissioners  to  aid  in  prosecuting  offenses. — It  shall 
be  the  duty  of  such  election  commissioners  to  aid  in  the  prosecution 
of  all  crimes  and  offenses  against  this  article,  and  they  shall  keep  a 
book  in  which  shall  be  entered  all  complaints  against  persons  claimed 
to  be  guilty  of  the  violation  of  this  law,  and  when  in  the  judgment 
of  such  election  commissioners  such  offense  has  probably  been  com- 
mitted, it  shall  be  their  duty  to  cause  a  prosecution  to  be  instituted  in 
accordance  with  the  provision  of  this  article,  and  cause  the  parties 
to  be  punished  accordingly.     (R.  S.  1899,  §  7359.) 

Sec.  6180.  Commissioners  and  assistants  paid,  how — salaries. — 
In  all  cities  not  within  counties  such  election  commissioners  and  assist- 
ants employed  by  the  board  of  election  commissioners  shall  be  paid  by 
the  city;  in  all  other  cities  having  a  board  of  election  commissioners, 


REGISTRATION,    ELECTIONS   CITIES   OVER   100,000.  193 

the  salaries  of  such  election  commissioners  and  assistants  shall  be  paid 
one-half  by  the  city  and  one-half  by  the  county.  The  members  of  such 
board  shall  each  receive  a  salary  of  twenty-five  hundred  dollars  per 
year,  except  in  cities  not  within  a  county,  where  the  salaries  of  the 
members  designated  as  chairman  and  secretary,  shall  be  twenty-five 
hundred  dollars  per  year,  and  the  salary  of  the  third  member  shall  be 
two  thousand  dollars  per  year,  all  payable  monthly.  The  assistants 
employed  by  the  commissioners  shall  receive  a  salary  of  four  doUars 
per  day  for  the  time  actually  employed,  payable  monthly.  All  ex- 
penses incurred  by  said  board  of  election  commissioners  and  all  costs 
and  expenses  of  registration  and  election  in  such  cities  shall  be  paid 
one-half  out  of  the  city  treasury  and  one-half  out  of  the  county  treas- 
ury, except  in  cities  not  within  a  county,  in  which  cities  all  shall  be 
paid  out  of  the  city  treasury,  and  all  printing,  binding,  etc.,  shall  be 
let  by  contract,  subject  to  such  regulations  as  are  or  may  hereafter  be 
prescribed  by  ordinance  of  any  such  city.     (R.  S.  1899,  §  7360.) 

Sec.  6181.  Pay  of  judges  and  clerks. — ^All  judges  and  clerks  of 
election  under  this  article  shall  be  allowed  and  paid  at  the  rate  of 
five  dollars  per  day.     (R.  S.  1899,  §  7361,  amended.  Laws  1909,  p.  499.) 

Sec.  6182.  Number  of  days'  service  credited  to  judges  and  clerks. 
Each  judge  of  election  who  has  performed  all  the  duties  and  services 
required  of  him  by  this  article,  at  the  general  registration,  and  at  the 
election  following,  shall  be  credited  with  five  full  days'  services  and 
no  more ;  but  at  any  election  prior  to  which  there  is  only  an  additional 
registration  and  revision,  being  a  registration  between  the  general 
registration,  he  shall  be  credited  with  three  full  days'  service  and  no 
more,  in  case  he  performs  all  the  duties  required  of  him  by  this  article. 
At  the  elections  held  under  this  article  where  there  is  no  additional 
registration  or  revision  of  registration  each  judge  or  clerk  of  election 
shall  only  be  credited  with  one  day's  service  each.  When  any  judge 
or  clerk  does  not  perform  all  the  services  required  by  this  article,  then 
such  board  of  election  commissioners  will  audit  his  time,  and  shall 
allow  him  pro  rata  compensation.  Each  clerk  of  election,  if  he  has 
performed  all  the  services  required  of  him  by  this  article,  at  the  gen- 
eral registration  and  at  the  election  following  shall  be  credited  with 
seven  days '  services  and  no  more ;  but  at  any  election  prior  to  which 
there  was  only  an  additional  registration  and  revision,  being  a  registra- 
tion between  the  general  registrations,  he  shall  be  credited  with  five 
full  days'  service  and  no  more,  in  case  he  performs  all  the  duties  re- 
quired of  him  by  this  article.     (R.  S.  1899,  §  7362.) 

Sec.  6183.  City  to  pay  judges  and  clerks,  when. — At  all  city  elec- 
tions, general  or  special,  though  other  than  city  officers  may  be  elected 
at  the  same  time  with  such  city  officers,  and  at  all  special  elections  in 
any  part  of  the  city,  at  which  a  city  officer  is  elected,  such  city  shall 
pay  such  judges  and  clerks  of  election  for  their  services  under  this 
article.     (R.  S.  1899,  §  7363.) 

Sec.  6184.  County  or  city  to  pay  judges  and  clerks,  when. — At 
all  general,  county  and  state  elections  which  include  officers  elected 
through  the  whole  county  though  other  than  state  and  county  officers 

B  Lr— 18 


194 


ELECTION  LAWS. 


are  also  elected,  and  all  special  elections  for  a  county  or  state  officer  ^ 
or  member  of  congress,  or  member  of  the  legislature,  sucb  county,  or 
city  not  within  a  county,  shall  pay  such  judges  and  clerks  of  election 
for  their  services  under  this  article.     (R.  S.  1899,  §  7364.) 

Sec.  6185.  Commissioners  shall  audit  claims. — Said  board  of  elec- 
tion commissioners  shall  audit  all  the  claims  of  judges  and  clerks  of 
election,  and  all  other  claims  under  this  article,  and  shall  draw  a  war- 
rant therefor  upon  such  county  or  city  treasury,  as  the  case  may  be. 
(R.  S.  1899,  §  7365.) 

Sec.  6186.  Jurats — commissioners  and  judges  may  administer 
oaths. — All  oaths  in  writing  provided  for  in  this  article  must  have 
a  jurat  or  certificate  of  the  officer  taking  the  same,  attached  and  signed 
by  him;  and  said  election  commissioners  and  said  judges  of  election 
are  hereby  empowered  to  administer  all  oaths  and  affirmations  re- 
quired in  the  administration  of  the  affairs  of  their  several  offices  with- 
out charge  therefor.     (R.  S.  1899,  §  7366.) 

Sec.  6187.  Judges  and  clerks  exempt  from  jury  service. — ^In  cities 
having  a  jury  commissioner,  the  board  of  election  commissioners  shall, 
immediately  upon  the  confirmation  of  the  appointments  of  judges  and 
clerks,  by  the  court,  certify  to  said  jury  commissioners  the  names  and 
places  of  residence  of  all  persons  so  confirmed,  together  with  the  date 
of  expiration  of  the  term  of  service  of  each  as  a  judge  or  clerk  of 
election;  and  upon  receipt  of  such  certificate  said  jury  commissioner 
shall  mark  all  such  persons  **  exempt '*  upon  his  jury  list,  and  shall  not 
draw  any  of  them  as  jurors  during  their  term  of  service  as  such  judges 
or  clerks.     (R.  S.  1899,  §  7367.) 

Sec.  6188.  Commissioners  may  be  removed  for  misconduct. — The 
said  commissioners  of  election  appointed  by  the  governor  may  be  re- 
moved by  him  upon  notice  for  official  misconduct,  and  the  commissioner 
appointed  by  the  mayor  mav  be  removed  by  the  mayor  for  like  cause. 
(R.  S.  1899,  §  7368.) 


ARTICLE  XV. 


REGISTRATION    AND    ELECTIONS    IN    CITIES   HAVING    300,000    INHABITANTS 

OR  OVER. 


SECTION 

6189.    Registration  of  voters. 

•190.  Board  of  election  commissioners 
created — ^how  and  by  whom  ap- 
pointed— ^vacancies,  how  filled — 
duties  of  governor — qualifica- 
tions and  duties  of  commission- 
era. 

<191.  Board  shall  print  rules  and  regu- 
lations— records  open  to  inspec- 
tion— shall  furnish  oflScial  data 
— reports — registry  books. 

C192.  Secretary  of  commissioners — pow- 
ers and  duties. 

C19S.  Office  of  commissioners — shall  pro- 
vide ballot  boxea,  etc.,  duties. 

•194.  City  to  be  divided  Into  election 
districts. 


SECTION 

6195.  Judgres  and  clerks  to  be  selected^ 

Qualifications. 

6196.  Names    of    judges    and    clerks    to 

be  published — qualifications  of 
judges  and  clerks  may  be  ob- 
jected to — board  to  hear  objec- 
tions. 

6197.  Notice  of  registration  days,  etc. 

6198.  Registration       days  —  regristratlon 

books. 

6199.  Precinct  board  of  registry — duties. 

6200.  Qualifications  of  voters. 

6201.  Challenges — appeals. 

6202.  Verification  lists — challenges. 

6203.  Precinct  canvassers — duties. 

6204.  Notice  to  be  sent  those  whose  resi- 

dence cannot  be  located. 


REGISTRATION,    ELECTIONS   CITIES   OVER  300,000. 


195 


SECTION 

6205.  Commissioners   to    print   and   post 

copies  of  verification  lists. 

6206.  Judges  and  clcrlts  to  revise  r^s- 

try,    when — proceedings. 

6207.  Voter  may  ask  that  name  on  regis- 

try be  erased,  when — appeals. 
620S.    Dutj'  of  judges  upon  hearing  appli- 
cation. 
6209.    Judges   shall   sign   regristry — regis- 
try to  be  sent  to  commissioners 
— commissioners  to  proceed,  how 
— lists  public  records. 
621©.    Circuit  court   to  hear  applications 
to  be  placed  on  registration  lisL 

Appeals  from  circuit  court. 

Registration  by  board  or  court — 
no  protection  against  false  regis- 
tration, etc  • 

Transfers  of  regristered  voters. 

Registration  of  invalids  and  ab- 
sentees. 

6215.  Revised    lists    of   voters— when    to 

be  completed  and  how  posted- 

6216.  Delivery     of     poll     books,     ballot 

boxes,  etc.,  to  judges. 

6217.  Polls    to    be    opened,    and    closed, 

when — place  of  absent  judge  or 
clerk,  how  filled — penalty  for  be- 
ing absent  or  late — appointees, 
oath  and  duties. 

Ballot  box  to  be  kept  in  public 
view — penalty. 

Poll  book,  how  kept. 

Procedure  when  ballot  Is  offered 
by  voter — in  cases  of  challenge. 


6211. 
6212. 


6213. 
6214. 


6224. 
6225. 


6228. 
6229. 

6230. 


6218. 

6219. 
6220. 


SECTION 

6221.  Registry  in  force  between  general 

elections. 

6222.  Judges  to  be  peace  officers — chal- 

lengers. 

6223.  Vote  to  be  canvassed,  when. 
Vote,  how  canvassed. 
Vote     on     proposition     canvassed, 

how. 

6226.  Statement    of    result    of    canvass 

made  and  certified,  how. 

6227.  Poll  books   to   be  placed  in  ballot 

box — to  be  sealed,  how. 
Disposition   of  ballots. 
Statement    and    tally    sheet    to    be 

delivered  to  commissioners,   etc 
Judges    and    clerks    exempt    from 

jury  duty. 

6231.  Disposition  of  ballot  boxes  by  com- 

missioners— penalty    for    failure 
to  deliver  to  commissioners. 

6232.  Abstract    of    votes,    how    made — 

copy  to  be  sent  to  secretary  of 
state. 

6233.  Commissioners    to    make    out    and 

deliver  certificates  of  election. 
Procedure  in  case  fraud  in  retuma 

is  suspected. 
Compensation     of     commissioners, 

secretary    and    clerks — expenses 

paid  by  city. 

6236.  Compensation  of  judges  and  clwks. 
6236a.  In  certain  cities  election  days  holi- 
days— effect  on  negotiable  paper. 

6237.  Majority  may  act  for  board. 

6238.  Board  to   audit  accounts. 


6234. 


6235. 


Sec.  6189.  Registration  of  vaters. — ^In  all  cities  of  this  state  now 
liaving  or  which  hereafter  may  have  three  hundred  thousand  inhabit- 
ants or  more,  there  shall  be  a  registration  of  all  the  qualified  voters, 
and  said  registration  and  the  mode  of  conducting  the  elections  held  la 
such  cities  shall  be  governed  and  controlled  as  provided  herein,  and  be 
fubject  to  all  the  provisions  of  the  other  election  laws  of  this  state, 
so  far  as  the  same  are  not  inconsistent  or  in  conflict  herewith.  (Laws 
1903,  p.  170.) 

Sec.  6190.  Board  of  election  commissioners  created— how  and  by 
whom  appointed — vacancies,  how  filled — duties  of  governor — quali- 
fications and  duties  of  commissioners. — There  is  hereby  created  a  non- 
partisan board  of  election  commissioners  for  each  city  governed  by 
the  provisions  of  this  article,  composed  of  four  members  who  shall  be 
appointed  as  follows :  Within  sixty  days  after  this  act  shall  become 
a  law,  the  governor,  by  and  with  the  advice  and  consent  of  the  senate, 
shall  appoint  for  each  of  such  cities  four  members,  who  shall  hold 
their  offices  until  January  15,  1913,  and  until  their  successors  are 
commissioned  and  qualified.  Successors  shall  be  appointed  in  like 
manner  and  their  term  of  office  shall  be  four  years,  and  until  their 
successors  are  commissioned  and  qualified.  In  no  case  shall  more  than 
two  members  of  said  board  belong  to  the  same  political  party.  In 
making  the  appointments   of  the   commissioners  the   governor  shall 


196  ELECTION   LAWS. 

designate  the  commissioner  who  shall  be  chairman  of  the  board  and 
the  one  who  shall  be  the  secretary  of  the  board,  provided  the  chair- 
man and  secretary  shall  not  both  belong  to  the  same  political  party. 
In  case  of  a  vacancy  in  said  board  from  any  cause  whatever,  it  shall 
be  filled  in  the  same  manner,  and  subject  to  confirmation  by  the  sen- 
ate, as  in  the  case  of  original  appointments,  save  that  the  committee 
for  any  unexpired  term  shall  be  a  member  of  the  same  political  party 
to  which  the  person  whom  he  may  succeed  belonged,  and  in  no  case 
shall  more  than  two  members  of  said  board  belong  to  that  same  po- 
litical party.  Such  commissioners  shall  be  legal  voters,  residents  of 
the  state  for  at  least  five  years  and  of  such  city  for  a  like  term  and 
be  of  approved  integrity  and  capacity;  they  shall  hold  no  other  office, 
and  shall  be  ineligible  to  any  elective  or  appointive  office  during  their 
term  of  office,  and  shall,  before  entering  upon  the  (futies  of  their  said 
office,  take  and  subscribe  an  oath  to  support  the  Constitution  of  the 
United  States  and  of  this  state,  and  to  demean  themselves  faithfully 
and  impartially  in  office,  and  each  to  give  bond  to  the  state  in  the 
sum  of  ten  thousand  dollars  with  security  to  be  approved  by  the 
governor,  conditioned  for  the  faithful  and  honest  performance  of  the 
duties  of  his  said  office,  and  the  care  and  preservation  of  the  property 
thereof.  Said  oath  of  office  and  bond  to  be  filed  in  the  office  of  the 
secretary  of  state.  Said  election  commissioners  shall  make  all  neces- 
sary rules  and  regulations,  not  inconsistent  with  this  article,  with  ref- 
erence to  the  registration  of  voters  and  conduct  of  elections;  and 
shall  have  charge  of  and  make  provisions  for  all  elections,  general, 
special,  local,  municipal,  state  and  county,  and  of  all  others  of  every 
description  to  be  held  in  such  city  or  in  any  part  thereof  at  any  time. 
(Laws  1913,  p.  344.) 

Sec.  6191.  Board  shall  print  rules  and  regulations — records  open 
to  inspection — shall  furnish  official  data — reports — registry  books. — 
Said  board  of  election  commissioners  shall  print  all  necessary  rules  and 
regulations  not  inconsistent  with  this  article,  having  reference  to  the 
registration  of  voters  and  the  conduct  of  elections,  and  shall  prescribe 
(except  where  the  form  of  any  affidavit  is  prescribed  in  this  article) 
and  furnish  the  forms  of  all  affidavits  required  under  this  article.  All 
books,  papers  and  records  in  their  office  shall  be  subject  to  the  in- 
spection of  any  qualified  voter  of  the  city  at  all  reasonable  times.  Said 
board  shall  cause  to  be  kept  in  their  office  the  following  printed  official 
data,  and  furnish  the  same  to  any  qualified  voter  on  demand  at  the 
office  of  the  board  of  election  commissioners: 

1st.  Printed  pamphlets  or  lists  showing  in  numerical  order  ward 
boundaries,  and  in  each  ward  in  numerical  order  precinct  boundaries, 
including  statement  of  location  of  places  of  registration  and  election 
polling  places  of  each  of  such  precincts,  so  arranged  that  the  informa- 
tion pertaining  to  any  precinct  may  be  detached. 

2nd.  Printed  lists  showing  wards  and  precincts  in  numerical 
order,  and  the  names  and  residences  of  the  judges  and  clerks  of 
registration  and  election  of  each  precinct,  and  the  political  party  to 
which  each  belongs. 


REGISTRATION,   ELECTIONS   CITIES   OVER  300,000.  197 

3rd.  Separate  printed  lists,  by  precincts,  showing  names  of  quali- 
fied voters,  alphabetically  arranged,  as  they  appear  on  the  registry 
books ;  giving  name,  number  of  line  in  registry  books  and  residence  of 
such  voter,  at  the  time  such  registry  books  are  delivered  to  the  election 
commissioners  by  the  precinct  registrars  at  the  close  of  registration. 

4th.  Similar  separate  printed  supplementary  lists,  by  precincts, 
of  names  added  as  qualified  voters  to  the  registry  books  by  precinct 
registrars. 

5th.  Also  similar  supplementary  lists,  by  precincts,  of  names 
erased  from  the  registry  books  by  precinct  registrars. 

6th.  Also  similar  printed  supplemental  lists,  by  precincts,  of  voters 
added,  restored  or  erased  by  the  board  of  election  commissioners. 

7th.  Also  similar  printed  supplemental  lists,  by  precincts,  of 
voters  added  or  restored  by  the  court. 

8th.  Also  similar  printed  supplemental  lists,  by  precincts,  of 
voters  added  by  the  election  commissioners  or  the  courts,  and  whose 
names  do  not  appear  on  the  regular  registration  lists. 

9th.  Also,  similar  printed  supplemental  lists,  by  precincts,  of 
voters  shown  by  the  registry  books,  to  be  qualified,  but  who  did  not 
vote  on  election  day.  The  board  shall  require  registration  officers  to 
make  report  just  before  their  final  adjournment,  on  forms  to  be  pre- 
scribed and  furnished  by  the  board,  of  the  general  conduct  of  the 
public,  the  peace  officers,  the  registration  officers  and  applicants  for 
registration  during  the  days  of  registration.  Any  judge  or  clerk  of 
registration  shall,  at  the  same  time  or  within  five  days  thereafter, 
make  separate  report  of  anything  which  he  may  think  either  the  said 
board  or  a  majority  thereof  should  be  advised.  Similar  reports,  on 
forms  to  be  prescribed  and  furnished  by  the  board,  shall  be  made  by 
the  judges  and  clerks  of  election  before  their  adjournment  on  election 
day;  and  within  five  days  thereafter  any  judge  or  clerk  may  make 
a  like  separate  report  to  the  said  board.  Such  reports  shall  be  care- 
fully preserved  by  the  said  board  of  election  commissioners,  and  shall 
be  subject  to  public  inspection.  Within  ninety  days  after  each  elec- 
tion the  board  shall  make  a  comprehensive  report,  and  any  member 
thereof  may  make  a  separate  report,  to  the  governor  of  the  state 
of  everything  of  public  interest  relating  to  the  preceding  registration 
and  election,  and  the  workings  and  administration  of  the  election  laws ; 
and  a  copy  of  such  reports  shall  be  at  once  delivered  to  the  mayor  of 
the  city,  who,  after  reviewing  them,  may  make  such  written  suggestions 
and  recommendations  to  the  governor  concerning  the  report  and  the 
registration  and  election,  and  the  operation  and  administration  of  the 
election  laws,  as  he  may  be  advised.  Such  report  of  the  board,  and 
suggestions  and  recommendations  of  the  mayor,  shall  be  subject  to 
public  inspection,  and  shall  be  printed  by  the  board  for  the  informa- 
tion of  the  voters  of  the  city.  Two  registry  books  for  each  precinct 
in  the  city  shall  be  provided  by  the  board  of  election  commissioners 
for  the  purpose  of  registration  in  such  precinct,  prepared  substantially 
in  the  form  as  provided  in  this  article.  In  one  of  the  registry  books 
the  applicant  for  registration  shall  sign  his  name  or  make  his  mark 


198  ELECTION   LAWS. 

if  unable  to  write,  and  have  the  same  witnessed,  in  the  column  for 
that  purpose,  and  this  registry  shall  be  known  as  the  original  registry- 
book.  The  other  registry  book  shall  be  an  exact  copy  of  the  original 
and  shall  be  known  as  the  duplicate  of  the  original  registry  book. 
Such  registry  books  shall  be  kept  in  the  office  of  the  board  of  election 
commissioners,  except  on  such  days  as  they  are  in  the  custody  of  the 
precinct  registration  officers,  as  provided  in  this  article.  During  the 
days  of  registration  such  registry  books  shall  be  in  the  custody  of  the 
judges  and  clerks  of  registration,  and  the  public  registry  book  shall  be 
subject  to  the  inspection  of  any  resident  of  the  precinct.  At  the  close 
of  each  day*s  registration  the  said  duplicate  registry  book  shall  be 
compared  by  the  judges  and  clerks  of  registration,  and  made  to  con- 
form to  the  original  registry  book.    (Laws  1903,  p.  170.) 

Sec.  6192.  Secretary  of  commissioners — powers  and  duties. — Such 
election  commissioners  shall  appoint  a  secretary  of  the  board  who  shall 
hold  his  office  during  the  pleasure  of  said  commissioners,  and  he  shall 
give  a  bond  to  the  state  in  the  sum  of  five  thousand  dollars,  with 
security  to  be  approved  by  the  commissioners,  conditioned  for  the  faith- 
ful and  honest  performance  of  the  duties  of  his  said  office,  and  shall 
exercise  a  general  supervisory  control  and  direction  over  the  office 
and  clerical  force  appointed  by  said  commissioners,  subject  to  such 
rules  and  regulations  as  the  board  may  from  time  to  time  provide,  and 
such  clerical  force,  as  far  as  possible,  shall  be  divided  between  the  two 
political  parties  and  appointed  and  approved  as  hereinafter  provided 
in  the  case  of  judges  and  clerks  of  election ;  both  as  regards  the  duties 
to  be  performed  by  such  clerks,  and  as  to  the  number.  Such  commis- 
sioners shall  have  the  right  and  may  employ  additional  clerical  force 
and  other  assistants  from  time  to  time  as  may  be  necessary  to  prompt- 
ly and  carefully  perform  the  duties  of  the  office,  to  be  appointed, 
divided  and  approved  in  like  manner.  Said  secretary  and  employes 
shall  be  subject  to  the  same  restrictions  and  take  and  subscribe  like 
oaths  as  said  commissoners,  and  file  the  same  in  the  office  of  the  city 
register,  and  a  copy  of  the  same  in  the  office  of  the  commissioners  of 
election.  Commissioners,  secretary  and  judges  of  elections  and 
registration,  and  clerks  employed  in  the  office  of  said  commissioners, 
are  hereby  authorized  and,  upon  application  to  them  by  the  affiant, 
directed  to  administer  all  oaths  and  affirmations  pertaining  to  the  ad- 
ministration of  the  duties  of  their  several  offices  and  in  the  affairs 
and  business  thereof  and  certify  to  such  oaths,  when  the  same  are 
signed,  free  of  charge.     (Laws  1903,  p.  170.) 

Sec.  6193.  Office  of  commissioners — shall  provide  ballot  boxes, 
■etc.— duties. — The  office  of  such  board  of  election  commissioners  shall 
be  in  the  city  hall  of  such  city,  and  shall  be  kept  open  for  the  transac- 
tion of  the  duties  and  business  of  said  office  dtiring  business  hours. 
Said  election  commissioners  shall  purchase  and  provide  all  necessary 
ballot  boxes,  and  all  books  of  registration,  poll  books,  tally  sheets, 
ballots,  blanks  and  stationery  of  every  description  with  printed  head- 
ings and  certificates  and  other  necessary  and  proper  equipment  for 
the  registration  of  voters  and  the  conduct  of  such  elections,  and  for 
every  incidental  purpose  connected  therewith;  and  shall  select  and 


REGISTRATION,   ELECTIONS   CITIES   OVER  300,000.  199 

appoint  the  places  of  registration  and  also  the  polling  place  in  each 
precinct,  and  cause  the  same  to  be  fitted  up,  warmed,  lighted  and 
cleaned,  and  such  place  or  places  shall  be  located  in  the  most 
public,  orderly  and  convenient  portion  thereof.  And  no  room  shall  be 
designated  or  used  in  which  spirituous  or  intoxicating  liquors  are 
sold.     (Laws  1903,  p.  170.) 

Sec.  6194.  City  to  be  divided  into  election  districts. — ^It  is  hereby 
made  the  duty  of  such  board  of  election  commissioners  for  such  cities 
within  ninety  days  after  taking  effect  of  this  section,  to  divide  such 
cities  into  election  precincts  regarding  ward  lines  and  composed  of 
compact  and  contiguous  territory,  which  shall  contain  as  nearly  ai 
practicable  three  hundred  actual  voters;  and  in  making  such  division 
and  establishing  such  precincts,  such  commissioners  shall  take  as  a 
basis  the  poll  books  of  the  number  of  votes  cast  at  the  last  preceding 
presidential  election.  At  least  six  months  before  each  subsequent  presi- 
dential election  the  election  commissioners  shall  revise  and  rearrange 
the  precincts  and  increase  or  decrease  their  number  on  the  basis  of  the 
votes  cast  at  the  previous  presidential  election  for  president,  making 
such  precincts  to  contain,  as  near  as  practicable,  three  hundred  voters, 
measured  by  the  vote  of  such  election.  The  precincts  in  each  ward 
shaU  be  numbered  consecutively.     (Laws  1903,  p.  170.) 

Sec.  6195.  Judges  and  clerks  to  be  selected — qualificationii.— 
Such  board  of  election  commissioners  shall,  ninety  days  prior  to  tka 
first  city  or  state  election  after  this  article  becomes  a  law,  and  each 
two  years  thereafter,  select  and  choose  four  qualified  voters  as  judges 
of  election  for  each  precinct  in  such  city ;  they  must  be  citizens  of  the 
United  States;  must  be  men  of  good  repute  and  character;  able  to 
read  and  write  the  English  language,  be  of  good  understanding  and 
capable;  they  must  have  resided  in  the  precinct  for  which  they  are 
selected  to  act  not  less  than  thirty  days  before  their  appointment, 
and  be  entitled  to  vote  therein  at  the  next  election,  and  not  hold  any 
office  or  employment  under  the  United  States,  the  state  of  Missouri,  or 
the  city  in  which  such  election  is  held,  and  not  be  candidates  for  any 
office  at  the  next  ensuing  election;  two  clerks  of  election  for  each 
precinct  shall  also  be  selected  within  the  same  time,  and  their  sue- 
cessors  each  two  years  thereafter,  by  such  commissioners,  who  shall 
possess  the  same  qualifications  as  the  judges  aforesaid.  Before  enter- 
ing upon  the  duties  of  their  offices,  each  judge  and  clerk  so  appointed 
shall  take  and  subscribe  to  a  like  oath  as  that  taken  and  subscribed 
by  the  election  commissioners  and  file  the  same  in  the  office  of  the 
election  commissioners.  Said  judges  and  clerks  shall  be  appointed  for 
a  term  ending  ninety  days  prior  to  the  next  state  election  after  the 
election  at  which  they  were  appointed  to  serve,  and  shall  during  said 
term,  serve  as  judges  and  clerks  at  all  special,  local  or  municipal  elec- 
tions in  such  cities;  where  a  vacancy  in  the  office  of  judge  or  clerk 
shall  occur  from  any  cause,  said  commissioners  shaU  make  an  appoint- 
ment as  herein  provided  to  fill  such  vacancy.  Two  of  said  judges  and 
one  of  said  clerks  of  election  shall  belong  to  and  be  members  of  the 
political  party  which  at  the  last  general  state  election  for  state  officers 


200  ELECTION   LAWS. 

polled  the  highest  number  of  votes  for  governor,  and  two  of  said 
judges  and  one  of  said  clerks  of  election  shall  belong  to  and  be  mem- 
bers of  the  political  party  which  at  said  last  state  election  polled  the 
next  highest  number  of  votes  for  governor;  and  the  names  of  two  of 
said  judges  and  one  of  said  clerks  shall  be  designated  by  the  election 
commissioner,  or  commissioners,  belonging  to  and  a  member,  or  mem- 
bers of  the  same  political  party  as  such  judges  and  clerks,  subject  to 
ratification  by  the  board  of  election  commissioners ;  but  said  board  of 
election  commissioners  shall  accord  to  each  of  the  aforesaid  political 
parties  equal  representation  in  the  appointment  of  judges  and  clerks. 
If  any  person  holding  the  position  of  judge  or  clerk  of  election  is  found 
not  to  possess  all  qualifications  prescribed  in  this  section,  or  if  any 
such  judge  or  clerk  shall  be  guilty  of  neglecting  the  duties  of  the 
place,  or  be  guilty  of  any  official  misconduct,  then  such  person  shall  be 
removed  from  office  by  the  commissioners,  and  any  such  vacancy  shall 
be  immediately  filled  by  the  appointment  of  a  person  having  the  same 
qualifications  as  the  person  whose  place  he  fi[Lls,  as  hereby  required, 
who  shall  be  selected  and  appointed  as  this  section  provides.  (Laws 
1903,  p.  170.) 

Sec.  6196.  Names  of  judges  and  clerks  to  be  published— qualifi- 
cations  of  judges  and  clerks  may  be  objected  to — board  to  hear  objec- 
tions.— ^At  the  time  of  such  appointment  of  judges  and  clerks,  the 
board  of  election  commissioners  shall  publish  for  one  day  in  two  news- 
papers published  in  such  city,  of  opposite  politics,  in  the  English 
language,  each  having  a  daily  paid  circulation  of  not  less  than  twenty 
thousand  copies,  a  notice,  stating  that  the  persons  mentioned  below 
have  been  appointed  to  act  as  judges  and  clerks  in  the  various  pre- 
cincts enumerated,  at  all  elections  to  be  held  for  two  years  following 
such  notice,  and  should  have  the  qualifications  by  law  required  herein 
for  judges  and  clerks,  setting  forth  the  same,  and  to  which  party 
they  are  respectively  supposed  to  belong,  and  requesting  all  persons 
to  inform  the  election  commissioners  as  to  any  want  of  qualification 
on  the  part  of  any  judge  or  clerk  mentioned ;  that  on  a  day  named  in 
said  notice,  which  shall  be  not  more  than  five  days  after  the  day  of 
publication,  the  board  of  election  commissioners  will  sit  at  its  office 
for  the  purpose  of  examining  into  any  objections  made  as  to  the  quali- 
fications of  any  judge  or  clerk ;  said  notice  shall  further  state  the  hours 
of  said  session,  which  shall  be  from  nine  to  twelve  a.  m.  and  from 
two  to  ten  o'clock  p.  m.,  and  shall  further  state  that  if  all  objections 
to  the  qualifications  of  judges  and  clerks  are  not  disposed  of  on  said 
day,  it  will  sit  from  day  to  day  between  the  same  hours,  until  the  same 
are  all  determined;  and  further,  that  any  person  found  disqualified 
upon  such  information  will  be  removed  and  a  duly  qualified  person 
appointed  in  his  stead.  On  the  day  and  at  an  hour  named  for  the 
beginning  of  such  session,  the  election  commissioners  shall  meet  at  their 
office  and  consider  the  objections  made  to  the  appointment  of  each 
judge  and  clerk,  beginning  with  the  lowest  numbered  precinct  of  the 
first  ward  and  continuing  in  regular  number  to  the  highest  precinct  of 
the  ward  of  the  highest  number;  the  commissioners  may  examine  any 
person  appearing  before  them  under  oath ;  they  shall  decide  each  case 


REGISTRATION,   ELECTIONS   CITIES   OVER   300,000.  201 

as  soon  as  the  evidence  therein  is  before  them,  and  announce  their 
decision,  announcing  also  the  dissent  of  any  commissioner  if  the  de- 
cision of  the  board  is  not  unanimous ;  a  minute  shall  be  made  of  such  ^ 
decision,  setting  forth  all  objections  made  against  any  judge  or  clerk, 
and  the  finding  of  the  majority  thereon,  and  of  the  dissenting  member, 
if  there  be  any  dissent;  if  all  objections  to  judges  and  clerks  are  not 
concluded  on  said  day,  the  commissioners  shall  sit  from  day  to  day, 
between  the  same  hours,  and  at  the  same  place,  until  all  such  objec- 
tions are  disposed  of ;  all  judges  and  clerks  found  to  be  disqualified 
upon  such  hearing  shall  be  immediately  removed  and  persons  having 
the  necessary  qualifications  appointed  in  their  places,  divided  between 
the  two  political  parties  as  provided  for  herein.  Within  twenty  days 
after  the  last  of  said  sessions  the  election  commissioners  shall  cause  all 
the  judges  and  clerks  appointed,  who  have  not  been  removed  or 
excused  from  service  for  good  cause,  as  provided  herein,  to  be  qualified 
so  far  as  it  is  possible  for  them  to  so  do,  and  any  vacancies  then  exist- 
ing shall  be  filled  by  said  commissioners  in  the  same  manner  as  hereto- 
fore provided  for  the  appointment  of  judges  and  clerks;  such  notice 
shall  also  set  forth  the  wards  in  numerical  order,  and  under  each 
ward  its  precincts  in  like  order,  and  under  each  precinct  the  street 
and  number  of  the  place  of  registration  for  such  precinct.  Said  notice 
shall  contain  under  each  place  of  registration  the  word  ** judges,*' 
and  under  it  the  names  of  the  judges  appointed  to  serve  in  that  pre- 
cinct, with  their  respective  places  of  residence;  next,  the  word 
** clerks,*'  followed  by  the  names  and  places  of  residence  of  the  various 
clerks  appointed  to  serve  in  that  precinct.     (Laws  1903,  p.  170.) 

Sec.  6197.  Notice  of  registration  days,  etc. — ^It  shall  be  the  duty 
of  such  election  commissioners  to  give  notice  by  publication  on  Friday 
and  Saturday  preceding  the  first  day  of  registration  provided  for 
herein,  in  two  daily  newspapers  of  such  city,  of  opposite  politics,  in 
the  English  language,  and  having  a  daily  paid  circulation  of  not  less 
than  twenty  thousand  copies,  of  the  time  and  place  of  registration  in 
each  precinct  of  the  city.     (Laws  1903,  p.  170.) 

Sec.  6198.  Registration  days — registration  books. — The  judges  of 
election  aforesaid  shall  constitute  the  board  of  registry  in  the  pre- 
cinct for  which  they  are  appointed.  There  shall  be  four  days  for 
registration,  as  follows :  Monday,  Tuesday,  "Wednesday  and  Thursday 
of  the  seventh  week  prior  to  election,  and  upon  which  days  the  judges 
and  clerks  shall  meet  in  their  respective  precincts.  A  new  general 
registration  shall  be  made  in  every  year  in  which  a  presidential  elec- 
tion occurs,  and  just  prior  thereto.  Two  registry  books  shall  be  pro- 
vided and  furnished  to  each  board  of  registration  by  the  said  election 
commissioners  for  the  purpose  of  said  registration;  the  headings  to 
the  books  shall  be  so  prepared  that  the  registry  shall  be  made  alpha- 
betically according  to  the  surname  of  each  person  applying,  but  it  shall 
be  arranged  so  that  the  residence  of  such  person  shall  appear  in  the 
first  column.  The  register  shall  be  ruled,  and  one  name  shall  be 
written  on  each  line,  but  no  name  shall  be  written  between  the  lines. 
Under  the  column  * 'residence,"  the  name  and  number  of  the  street. 


202  ELECTION  LAWS. 

avenue,  or  other  location  of  the  dwelling,  if  there  be  a  definite  number, 
and  if  there  shall  not  be  a  number,  such  clear  and  definite  description 
of  the  place  of  such  dwelling  as  shall  enable  it  to  be  readily  ascertained. 
If  there  shall  be  more  than  one  house  at  the  number  given  by  the 
applicant  as  his  place  of  residence,  state  in  which  house  he  resides,  and 
if  there  be  more  than  one  family  residing  in  said  house  either  the 
floor  on  which  he  resides,  or  the  number  or  location  of  the  room  or 
rooms  occupied  by  him,  whether  front  or  rear — every  floor  below  the 
level  of  the  street  or  ground  being  designated  as  the  basement,  the  first 
floor  above  such  level  being  designated  as  the  first  floor,  and  each 
floor  above  that  as  the  second  or  such  other  floor  as  it  may  be.  Under 
the  column  **name,*'  the  name  of  the  applicant,  writing  the  surname 
first,  and  given  or  christian  name  after  in  full.  Under  the  column 
**  nativity, '*  the  state,  county,  kingdom,  empire  or  dominion,  as  the 
fact  stated  by  the  applicant  shall  be.  Under  the  column  ''color,"  the 
word  *  Vhite"  or  ** colored,"  as  the  fact  is.  Under  the  column  **age," 
the  age  of  said  applicant,  and  under  the  column  ** occupation,"  the 
occupation  of  said  applicant.  Under  the  subdivision  of  the  general 
column  ''term  of  residence,"  the  periods,  by  days,  months,  or  years, 
stated  by  the  applicant  in  precinct,  city  and  state.  Under  the  column 
** native,"  the  word  "yes;"  under  the  column  "naturalized,"  the  word 
"yes,"  according  to  the  fact  stated.  If  the  applicant  be  of  foreign 
birth,  and  has  not  been  naturalized,  but  has  made  a  declaration  of  in- 
tention to  become  a  citizen,  then  under  the  column  '*  declaration  of  in- 
tention," the  word  "yes."  Under  the  column  "qualified  voter,"  the 
word  "yes"  or  "no"  as  the  fact  shall  appear  or  be  determined  by  the 
board  of  registry,  it  being,  however,  required  of  them  to  designate  Bua 
a  qualified  voter  any  male  person  who,  if  otherwise  qualified,  shall  not 
at  the  time  of  making  application,  be  of  age,  provided  the  time  when 
such  applicant  shall  be  of  the  age  of  twenty-one  shall  be  subsequent  to 
the  date  of  his  application,  and  not  later  than  the  day  of  election  im- 
mediately following  such  time  of  applying,  or,  if  foreign  bom,  whose 
declaration  of  intention  to  become  naturalized  will  have  been  made 
one  year  and  not  more  than  five  years  before  such  election.  Under  the 
Column  "date  of  application,"  the  month,  day  and  year  when  the 
applicant  presented  himself  and  was  adjudged  a  qualified  voter  in  the 
election  precinct.  Under  the  column  "signature,"  in  one  of  the 
registers,  the  applicant  shall  write  his  name.  If  he  is  unable  to  write 
he  shall  make  his  mark  after  his  name  is  written  for  him.  And  his 
signature  shall  be  witnessed  by  one  of  the  judges.  (Laws  1903,  p. 
170.) 

Sec.  6199.  Precinct  board  of  registry — duties. — In  the  registra- 
tion of  voters,  said  board  of  registry  shall  proceed  as  follows :  They 
shall  open  the  registration  office  at  eight  a.  m.,  and  continue  in  session 
until  nine  p.  m.  on  each  of  said  days.  One  of  the  judges  shall  ad- 
minister to  all  persons  who  shall  personally  apply  to  register  the  fol- 
lowing oath  or  affirmation : 

Tou  do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly  answer  all  such 
questions  as  shall  be  put  to  you  touching  your  place  of  residence,  name,  place  of  birth, 
age,  occupation,  your  qualifications  as  an  elector,  and  your  rlgrht  as  such  to  register 
and  vote  under  the  laws  of  this  state,  so  help  you  God. 


REGISTRATION,    ELECTIONS   CITIES   OVER  300,000.  203 

Each  of  said  clerks  of  election  and  one  of  said  judges  of  electiom 
fihall  have  charge  of  the  registry  books  and  shall  make  the  entries 
therein  required  by  this  article,  and  one  of  the  judges  shall  ask  the 
questions  as  to  qualifications,  and  after  he  is  through  any  of  the 
judges  may  ask  questions;  one  of  the  judges  of  election  may,  when 
necessary,  relieve  one  of  the  clerks  from  time  to  time,  as  necessity  may 
seem  to  demand,  in  making  entries  in  said  book.  The  name  of  every 
applicant  shall  be  entered  in  such  registry  books,  and  all  the  facti 
shall  be  therein  stated,  as  herein  provided,  whether  he  is  entitled  to 
vote  or  not.  If  it  shall  be  determined  by  the  board  of  registry  that 
he  is  not  a  qualified  voter  in  such  precinct,  then  an  entry  shall  be  made 
in  the  appropriate  column  **no,"  and  if  qualified,  an  entry  shall  be 
made  in  the  same  column  "yes."  Unless  a  majority  of  the  judges  shall 
determine  the  applicant  is  a  qualified  voter  he  shall  be  entered  as  not 
qualified,  subject  to  the  applicant's  right  of  appeal  as  herein  provided. 
Only  such  male  persons,  of  the  age  of  twenty-one  years,  residing  in 
such  precinct,  as  apply  personally  for  registration,  or  who  qualify 
by  affidavit,  as  provided  in  this  article,  shall  be  entered  in  such  register; 
but  every  applicant  who  would  be  twenty-one  years  of  age  on  the  day 
of  the  next  election,  or,  if  foreign-bom,  whose  declaration  of  intention 
to  become  naturalized  will  have  been  made  one  year  and  not  more  than 
five  years  before  such  election,  if  otherwise  qualified,  shall  be  entered 
on  such  registers.  Every  applicant  who  has  commenced  to  reside  in 
«uch  precinct  at  least  forty-seven  days  before  such  election  shall  be 
entered  in  such  registry,  and  shall  be  marked  ** qualified*'  or  ** dis- 
qualified," as  the  case  may  be;  but  unless  on  the  day  of  election  he 
resides  in  such  election  precinct,  he  cannot  vote  therein,  although 
otherwise  qualified.  At  the  end  of  the  day's  registration  each  of  said 
jadges  shall  sign  his  name  at  the  end  of  the  list  on  each  page  of  the 
registration  book.  Any  vacancy  upon  such  board  of  registration  on 
«ny  day  of  registration  by  reason  of  absence,  disqualification,  refusal 
to  act  or  otherwise,  of  any  judge  or  clerk  of  election,  shall  be  filled 
by  the  judge  or  judges  present,  and  the  same  oath  shall  be  adminis- 
tered by  one  of  the  judges  present  to  such  judge  or  clerk  as  provided 
for  regular  judges  and  clerks.  The  judge  or  clerk  so  appointed  shall  be 
of  the  same  politics  as  the  judge  or  clerk  he  succeeds.  (Laws  1903,  p. 
170.) 

Sec.  6200.  Qualifications  of  voters. — ^Every  male  citizen  of  the 
United  States,  and  every  male  person  of  foreign  birth  who  may  have 
declared  his  intention  to  become  a  citizen  of  the  United  States  accord- 
ing to  law,  not  less  than  one  year  nor  more  than  five  years  before  he 
offers  to  vote,  who  is  over  the  age  of  twenty-one  years,  who  has  resided 
in  the  state  one  year  next  preceding  the  election  at  which  he  offers  to 
vote,  and  during  the  last  sixty  days  of  the  time  shall  have  resided  in  the 
city  where  such  election  is  held,  who  has  not  been  convicted  of  bribery, 
perjury  or  other  infamous  crimes,  or  of  a  misdemeanor  connected  with 
the  exercise  of  the  right  of  suffrage,  nor  any  officer,  soldier  or  marine 
in  the  regular  army  or  navy  of  the  United  States,  nor  while  kept  at 
any  poorhouse  or  other  asylums  at  public  expense,  nor  while  confined 
in  any  public  prison,  shall  be  entitled  to  vote  at  such  election,  for  all 


204  ELECTION   LAWS. 

officers,  state  or  municipal,  made  elective  by  the  people,  or  at  other 
elections  held  in  pursuance  of  the  laws  of  the  state,  but  shall  not  vote 
elsewhere  than  in  the  precinct  where  he  resides  and  is  registered. 
(Laws  1903,  p.  170.) 

Sec.  6201.  Challenges — appeals. — Any  voter  of  the  precinct  shall 
be  permitted  to  be  present  at  the  place  of  registration  in  said  precinct^ 
and  shall  have  the  right  to  challenge  any  applicant  who  applies  to  be 
registered ;  but  if  the  board  is  satisfied  that  such  person  is  a  qualified 
voter,  he  must  be  so  registered.     (Laws  1903,  p.  170.) 

Sec.  6202.  Verification  lists — challenges. — The  election  commis- 
sioners shall  prepare  and  furnish  to  the  board  of  registration  in  each 
precinct,  three  blank  books,  to  be  known  as  ''verification  lists,"  each 
page  to  be  ruled  into  columns,  and  contain  pages  sufficient  for  each 
street,  avenue  and  alley  in  the  precinct.  During  the  progress  of 
registration,  or  immediately  thereafter,  the  clerks  of  said  board  shall 
transfer  all  the  names  upon  the  register  to  the  left-hand  pages  of 
such  "verification  lists,"  arranging  them  according  to  the  streets,  ave- 
nues, alleys  or  courts,  beginning  with  the  lowest  residence  number, 
and  placing  them  numerically,  as  nearly  as  possible,  from  the  lowest 
up  to  the  highest  number.  They  shall  first  write  the  name  of  such 
street,  avenue,  alley  or  court  at  the  top  of  the  second  column  and  then 
proceed  to  transfer  the  registered  names  to  the  pages  of  such  "verifi- 
cation lists,"  headed  "registered  names,"  according  to  the  street  num- 
ber as  above  indicated.  If,  during  either  day  of  registration,  a 
registered  voter  of  the  ward  shall  come  before  the  board  of  registry 
and  make  oath  that  he  believes  that  any  particular  person  upon  such 
registry  is  not  a  qualified  voter,  such  fact  shall  be  noted;  and  after 
the  completion  of  such  "verification  lists,"  such  board  or  one  of  said 
judges,  shall  make  a  cross  or  check  mark  in  ink  opposite  such  name 
upon  each  of  said  "verification  lists."  If  such  judges  shall,  however, 
know  that  any  person  so  complained  of  is  a  qualified  voter,  and  shall 
believe  that  such  complaint  was  only  made  to  vex  and  harass  such 
qualified  voter,  then  such  cross  or  checked  mark  shall  not  be  put  upon 
such  lists.  The  board  of  registration  shall  return  the  two  registers 
to  the  office  of  the  board  of  election  commissioners  not  later  than  eight 
p.  m.  of  the  day  following  the  fourth  day  of  registration.  The  three 
verification  lists  shall  be  given  to  said  clerks  at  the  close  of  the  last 
day  of  registration.     (Laws  1903,  p.  170.) 

Sec.  6203.  Precinct  canvassers — duties. — The  clerks  of  election 
are  hereby  constituted  canvassers  of  the  precinct  for  which  they  are 
appointed,  and,  upon  the  Friday  and  Saturday  of  the  seventh  week 
prior  to  said  election,  if  so  much  time  shall  be  required,  said  two  clerks 
shall,  each  having  one  of  said  verification  lists,  go  together  and  canvass 
such  precinct,  calling  at  each  dwelling  place  or  each  house  where  any 
one  may  reside  in  such  precinct,  and  each  dwelling  place  as  indicated 
upon  said  "verification  lists,"  and  if  they  shall  find  that  any  person 
upon  their  "verification  lists"  does  not  reside  at  the  place  designated 
thereby,  they  shall  make  a  check  mark  opposite  such  name.  In  mak- 
ing such  canvass,  such  canvassers  shall  make  special  inquiry  at  the 
residences  as  designated  in  the  registry  and  "verification  lists,"  as  to 


REGISTRATION,    ELECTIONS   CITIES   OVER  300,000.  205 

all  the  persons  so  registered  as  qualified  voters.  Said  clerks  shall 
meet  at  eight  o'clock  in  the  forenoon  of  each  day  of  said  canvass, 
and  proceed  with  such  canvass.  If  either  of  said  clerks  shall  fail  to 
appear  at  the  place  designated  by  fifteen  minutes  after  eight  o'clock, 
on  either  of  said  days,  the  clerk  appearing  shall  immediately  notify 
the  election  commissioners  of  said  failure  to  appear,  and  upon  such 
notification,  or  upon  being  otherwise  so  informed,  the  election  com- 
missioners shall  immediately  appoint  a  clerk,  of  the  same  politics,  in 
place  of  the  one  absent  or  failing  to  act ;  and  if  both  of  said  clerks  fail 
to  appear  within  the  time  mentioned  then  the  board  of  election  com- 
missioners, upon  being  informed  of  such  failure,  shall  appoint  two 
clerks  of  different  politics  in  the  places  of  those  absent  or  failing 
to  act.     (Laws  1903,  p.  170.) 

Sec.  6204.  Notice  to  be  sent  those  whose  residence  cannot  be 
located. — Upon  the  completion  of  said  canvass,  said  canvassers,  or  one 
of  them,  shall  sign  a  notice  and  send  the  same  through  the  mail,  duly 
stamped,  to  the  address  given  upon  the  registry  and  "verification 
lists"  of  all  persons  named  therein  against  whose  names  they  have 
made  check  marks,  indicating  that  they  did  not  reside  at  such  place 
as  before  stated,  and  also  to  the  address  of  all  persons  against  whose 
names  said  registry  board  or  judge  of  election  has  placed  a  check 
mark  in  such  ''verification  lists,"  which  shall  require  such  person  to 
appear  before  the  board  of  registry  upon  the  Friday  of  the  fourth 
week  prior  to  said  election,  and  to  show  cause  why  his  name  should 
not  be  erased  from  such  registry.  Proper  blanks  and  postage  stamps 
shall  be  furnished  for  the  purpose  to  said  canvassers  by  the  commis- 
sioners. A  similar  notice  shall  also  be  served  by  one  of  said  can- 
vassers, either  at  the  time  said  canvass  is  being  made  on  or  before  the 
Monday  following  said  canvass  by  leaving  the  same  with  the  party, 
if  found,  or,  if  he  be  not  found,  at  the  place  designated  in  such  registry 
and  ''verification  lists,"  by  leaving  the  same  at  such  address,  if  there 
be  such  place.  Such  notice,  to  be  sent  through  the  mail,  must  be 
mailed  not  later  than  ten  o  'clock  of  said  Monday  morning.  Upon  the 
conclusion  of  said  canvass,  the  clerks  shall  make,  upon  the  third  copy 
of  the  verification  lists,  the  same  notations  as  contained  on  the  two 
lists  used  by  them  in  making  their  canvass,  and  the  three  lists,  when 
so  checked,  they  shall  deliver  at  the  office  of  the  election  commissioners 
not  later  than  eight  p.  m.  of  the  Monday  following  their  canvass.  And 
it  shall  be  the  duty  of  said  commissioners,  when  complaint  is  made  to 
them,  to  investigate  the  action  of  such  clerks  or  canvassers,  and  to 
cause  them  to  be  punished  for  such  neglect  of  duty.  (Laws  1903,  p. 
170.) 

Sec.  6205.  Commissioners  to  print  and  post  copies  of  verification 
lists. — The  commissioners  shall  print,  not  later  than  Friday  of  the  fifth 
week  prior  to  said  election,  copies  of  said  verification  lists  as  returned 
to  them  by  the  clerks,  with  the  various  checks  or  cross  marks  thereon, 
and  shall  further  print  conspicuously  on  each  copy  a  statement  that  all 
parties  against  whose  names  such  checks  or  cross  marks  appear  may 
be  stricken  from  the  registration  lists  unless  they  appear  before  the 
precinct  board  of  revision  at  their  session  to  be  held  on  Friday  of  the 


206  ELECTION   LAWS. 

fourth  week  prior  to  said  election,  and  show  cause  why  their  names 
should  not  be  so  erased.  A  printed  copy  of  the  list  for  each  precinct 
shall  be  posted  near  the  front  entrance  of  the  polling  place  of  such 
precinct,  or  as  near  the  same  as  practicable,  not  later  than  Saturday 
of  said  fifth  week.  All  such  notices  provided  for  in  this  section  shall 
be  printed  in  plain  large  type  in  sufficient  numbers  to  meet  the  demand, 
and  upon  application  a  copy  of  the  same  shall  be  given,  free  of  charge^ 
to  any  registered  voter  in  such  precinct.     (Laws  1903,  p.  170.) 

Sec.  6206.  Judges  and  clerks  to  revise  registry,  when— proceed- 
ings.— On  the  Friday  of  the  fourth  week  prior  to  said  election  said 
board  of  registration,  having  first  obtained  from  the  election  com- 
missioners the  books  of  registration  and  two  of  the  verification  lists 
for  their  election  precincts,  shall  again  meet  at  the  place  designated^ 
and  the  said  clerks  of  election  shall  meet  with  them,  and  they  shall  re- 
main in  session  from  ten  a.  m.  until  ten  p.  m.  for  the  sole  purpose  of 
revising  their  registry;  and  no  new  names  shall  be  added.  Said  can- 
vassers, or  one  of  them,  shall  make  out  a  list  of  the  names  of  parties 
checked  and  designated  as  aforesaid,  and  to  whom  such  notice  has 
been  sent,  given  or  left  with  the  address,  and  attach  his  or  their  affi- 
davit or  affidavits  thereto ;  blank  forms  shall  be  furnished,  stating  that 
notice  was  mailed  to  each  of  said  parties  at  the  places  designated  on 
such  lists,  on  or  prior  to  ten  a.  m.  on  Monday  of  the  sixth  week  prior  to 
said  election,  and  that  notice  was  also  personally  left  on  or  before  said 
hour  of  said  day  at  the  said  address  of  each  of  said  parties  named  in 
said  list  so  attached,  if  there  be  any  such  address.  If  any  person  to 
whom  such  notice  has  been  sent  shall  appear  before  the  board  of 
registration  during  said  session,  he  shall  make  oath  and  sign  an 
affidavit  in  substance  as  follows : 

I  do  solemnly  awear  that  I  am  a  citizen  of  the  United  States  (or  have  declared 

my  Intention  to  become  a  citizen  of  the  United  States  on  the  day  of  , 

according  to  law),  and  that  I  have  resided  in  the  precinct  of  the 


ward  In  the  city  of and  the  county  of ,  and  In  the  state  of  Missouri,  since 

^6  day  of  ;  that  I  am  not  an  officer,  soldier  or  marine  in  the  regrular 

army  of  the  United  States,  and  that  I  have  never  been  convicted  of  any  felony  or  any 
misdemeanor  connected  with  the  exercise  of  the  right  of  suffrage  (or  If  convicted,  state 
the  time  of  conviction,  and  when  pardoned  by  the  governor  of  the  state). 

This  affidavit  shall  be  signed  and  sworn  to  before  one  of  such  board 
of  registry,  and  it  shall  afterward  be  preserved  and  filed  in  the  office 
of  said  election  commissioners ;  said  board  of  registration  shall  further 
examine  him  on  oath,  and  also  swear  such  canvassers,  and  hear  him 
or  them  upon  the  question,  and  they  shall  also  have  the  power  to  send 
one  or  both  of  said  canvassers  to  make  further  examination  and  inquiry 
at  the  place  claimed  by  such  person  to  be  his  residence,  and  again 
examine  such  canvassers  touching  the  same,  and  if,  after  such  examina- 
tion and  hearing,  the  majority  of  said  board  are  of  the  opinion  that 
Buch  person  is  not  a  qualified  voter  in  such  precinct,  they  shall  mark 
the  word  **yes,**  under  the  column  of  the  registry  marked  **  erase, '^ 
and  shall  also  draw  a  line  in  ink  under  his  name;  which,  in  case  of 
any  registration,  shall  indicate  that  the  name  of  such  person  is  erased 
from  the  register,  and  shall  not  be  entitled  to  vote  unless  his  name 
be  restored  as  herein  provided.    If  any  person  to  whom  notice  has  been 


REGISTRATION,   ELECTIONS   CITIES   OVER  300,000.  207 

sent  because  his  declaration  of  intention  to  become  naturalized  has 
been  made  more  than  five  years  before  the  next  election,  shall  appear 
before  said  board  at  such  session,  he  shall  show  in  the  same  manner 
as  in  the  case  of  original  registration  that  he  has  become  naturalized, 
otherwise  his  name  shall  be  erased  from  the  register.  If  any  person, 
already  registered,  shall  appear  before  said  board  at  such  session  and 
make  oath  that  he  has  removed  to  another  place  in  the  same  precinct, 
said  board,  if  they  believe  him,  shall  not  erase  his  name,  but  shall  make 
the  correction  to  his  residence  in  the  books  of  registration.  In  making 
correction  of  entries  as  to  residence  and  naturalization,  a  line  should 
be  drawn  through  the  former  entries,  the  proper  entries  made,  and 
the  word  '*  corrected,  *'  with  the  date,  written  in  the  column  headed 
** remarks.'*  During  the  last  hour  of  said  session,  if  any  person  so 
notified  to  appear  at  such  session  shall  not  appear  and  show  cause  why 
his  name  should  not  be  erased  from  such  register,  the  same  shall  be 
erased  in  the  manner  aforesaid.  Either  of  said  clerks  shall  have  the 
power  and  right  of  both  in  the  matters  pertaining  to  such  canvass, 
except  that  both  are  required  to  go  together  to  make  such  canvass.  In 
the  case  of  temporary  disability  on  the  part  of  either  canvasser  or  clerk, 
either  judge  who  belongs  to  the  same  political  party  may  appoint  a 
temporary  clerk  or  canvasser,  who  shall  belong  to  the  same  party,  and 
administer  to  him  the  usual  oath  of  office,  and  he  shall  perform  all  the 
duties  of  the  office  until  the  disability  of  the  regular  clerk  or  canvasser 
is  removed.     (Laws  1903,  p.  170.) 

Sec.  6207.  Voter  may  ask  that  name  on  registry  be  erased,  when 
— appeals. — Any  voter  or  voters  in  such  precinct  may  make  application 
in  writing  before  said  board  of  registration  at  the  session  mentioned  in 
the  next  preceding  section,  to  have  any  name  upon  the  register  of  such 
precinct  erased,  which  application  shall  be  in  substance  in  the  words 
and  figures  following: 

(I,  or  we,)   do  hereby  solemnly  swear   (or  affirm)   that  (I,  or  we,)   believe  that 

Is  not  a  qualified  voter  In  precinct  of  of  the  city  ,  and 

hence  ask  that  his  name  be  erased  from  the  register  of  such  precinct. 

Such  application  shall  be  signed  and  sworn  to  by  the  applicant, 
and  filed  by  him  with  said  board,  and  returned  by  them  to  the  board  of 
election  commissioners  with  the  registration  lists  to  be  filed  in  the  office 
of  said  commissioners.  The  person  making  such  application  shall  give 
the  person  whose  name  he  or  they  seek  to  erase  due  notice  in  writing 
or  otherwise,  at  least  one  day  before  the  day  of  said  session.  If,  upon 
hearing  the  application,  the  board  of  registration  conclude  to  erase  the 
name,  they  shall  so  note  it  on  the  register.     (Laws  1903,  p.  170.) 

Sec.  6208.  Duty  of  judges  upon  hearing  application. — If  the 
judges  upon  hearing  said  application  conclude  that  said  name  should 
not  be  erased  from  the  register,  but  their  conclusion  is  reached  by  the 
vote  of  less  than  a  majority  of  the  total  number  of  judges  appointed 
for  such  precinct,  then  they  shall  write  on  the  register  opposite  the 
name  of  said  voter  the  word  ** challenged,*'  and  that  word  shall  appear 
opposite  the  name  of  such  voter  on  the  register  on  election  day. 
(Laws  1903,  p.  170.) 


208  ELECTION   LAWS. 

Sec.  6209.  Judges  shall  sign  registry — registry  to  be  sent  to  com- 
missioners— commissioners  to  proceed,  how — ^lists  public  records. — 
At  the  end  of  the  last  session  provided  for,  the  said  board  of  registrar 
tion  and  said  clerks  shall  correct  and  compare  the  registers  and  veri- 
fication lists  aforesaid,  and  make  them  correspond  and  agree;  and 
said  judges  and  clerks  shall  then,  immediately  following  the  last  name 
on  each  page  of  the  registers,  sign  their  names  so  that  no  other  name 
can  be  added  without  discovery,  and  shall  return  the  two  registers 
and  two  verification  lists  to  the  possession  of  the  election  commission- 
ers. Said  commissioners  shall  cause  the  registration  lists,  as  so  re- 
vised, to  be  printed,  and  the  names  thereon  and  addresses  thereof 
arranged  in  the  order  required  in  the  verification  lists,  not  later  than 
"Friday  of  the  first  week  prior  to  the  election  for  which  such  registra- 
tion is  made.  All  notices  provided  for  in  this  section  shall  be  printed 
in  plain  large  type,  in  sufficient  numbers  to  meet  the  demand,  and 
upon  application  a  copy  of  the  same  shall  be  given,  free  of  charge, 
to  any  qualified  voter  of  said  precinct.     (Laws  1903,  p.  170.) 

Sec.  6210.  Circuit  court  to  hear  applications  to  be  placed  on 
registration  list. — The  circuit  court  of  said  city  shall,  on  Friday  and 
Saturday  of  the  third  week  prior  to  such  election,  specially  sit  to 
hear  such  applications  as  shall  be  made  to  it  to  place  any  name  upon 
the  register  in  any  particular  precinct.  Such  application  shall  be 
sworn  to  and  shall  state  the  facts  showing  the  applicant  to  be  a 
qualified  voter,  with  his  residence,  and  that  the  applicant  has  ap- 
plied to  the  board  of  registry  in  the  precinct  during  the  proper  hours 
on  one  of  the  registration  days,  and  that  said  board  refused  to  place 
his  name  on  such  registry;  or  that  having  been  duly  registered  he 
appeared  before  said  board  on  the  day  appointed  for  revision,  and 
against  his  consent  his  name  was  stricken  from  the  registration  list; 
such  application  shall  be  filed  in  said  court  before  its  opening  on 
Tuesday  of  the  third  week  prior  to  said  election,  and  wherever  such 
court  shall  be  composed  of  more  than  one  division,  applications  shall 
be  assigned  in  regular  order  to  the  various  divisions,  as  in  civil  cases. 
The  court  shall  cause  a  docket  of  such  applications  to  be  made  out, 
arranged  by  wards  and  precincts,  stating  the  name  of  the  person  whose 
registration  is  to  be  affected  by  such  application.  Such  applications 
shall  be  heard >  summarily  and  evidence  may  be  introduced  for  or 
against  such  application.  No  formal  pleadings  shall  be  required. 
Each  case  shall  be  decided  at  once  on  hearing,  and  the  clerk  of  the 
court  shall  make  a  minute  of  the  disposition  of  each  application.  If 
the  court  shall  order  any  name  to  be  placed  upon  the  registration  list, 
and  such  order  shall  not  be  appealed  from,  a  minute  of  such  order 
shall  be  certified  to  the  election  commissioners,  who  shall  forthwith 
cause  such  name  to  be  placed  upon  the  proper  register,  and  indicate 
that  it  was  entered  by  order  of  the  court.  After  the  entry  of  the  regis- 
tration so  allowed  by  said  court  (without  appeal)  no  further  change 
shall  be  permitted,  except  for  the  subsequent  registration  of  absentees 
or  invalids,  as  herein  provided,  when  such  further  registration  shall 
be  made,  if  any,  and  the  appropriate  stamp  prepared  shall  be  affixed 


REGISTRATION,   ELECTIONS   CITIES   OVER  300,000.  209 

to  the  end  of  each  page  of  names  in  each  precinct  registered  by  said 
board  of  commissioners.     (Laws  1903,  p.  170.) 

Sec.  6211.  Appeals  from  circuit  court. — As  the  circuit  court  de- 
cides each  case,  an  order  therein  shall  be  entered  not  later  than  the 
Tuesday  following  the  hearing  of  the  application,  and  any  person 
desiring  to  appeal  from  such  order  may  appeal  to  the  supreme  court 
of  the  state,  or  court  of  appeals,  according  to  the  facts ;  if  application 
be  made  therefor  within  two  days  after  the  entry  of  said  order,  such 
appeal  shall  be  allowed  on  the  giving  of  an  appeal  bond  in  the  penalty 
of  two  hundred  and  fifty  dollars,  conditioned  to  pay  the  expense  of 
such  appeal  in  case  his  appeal  be  not  sustained.  The  time  for  filing 
such  appeal  bond  and  certificate  of  evidence  shall  be  within  four  days 
from  the  entry  of  said  order,  and  upon  presentation  to  the  court  of  a 
certificate  containing  the  evidence  heard  at  such  hearing  within  said 
time,  the  court  shall  sign  the  same,  and  thereupon  the  same  shall  be- 
come part  of  the  record  in  said  cause.  The  original  record  in  such 
cause  shall  be  at  once  transferred  by  the  clerk  of  said  court  to  the 
court  to  which  such  appeal  lies,  and  such  appellate  court,  or  if  it  be 
in  vacation,  any  judge  thereof  shall  proceed  at  once  to  hear  and  de- 
termine the  appeal,  and  the  judgment  rendered  upon  such  hearing 
shall  be  at  once  certified  to  the  board  of  election  commissioners  and 
also  to  the  circuit  court,  and  the  board  of  election  commissioners  shall 
carry  out  the  order  made  by  said  appellate  court  or  such  judge  in 
vacation.     (Laws  1903,  p.  170.) 

Sec.  6212.  Registration  by  board  or  court — no  protection  against 
false  registration,  etc. — No  person  admitted  to  any  registry  by  order 
of  any  court,  or  by  the  board  of  election  commissioners,  shall  be  pro- 
tected by  such  order  in  case  he  should  be  indicted  for  false  registration 
or  false  voting.     (Laws  1903,  p.  170.) 

Sec.  6213.  Transfers  of  registered  voters. — Whenever  any  person 
who  has  been  duly  registered  as  a  voter  by  the  board  of  registration 
of  the  precinct  in  which  he  then  resides,  and  whose  name  shall  have 
been  returned  on  the  registration  lists  as  a  voter  by  the  board  of 
registration  to  the  board  of  election  commissioners,  after  the  close  of 
registration  shall  change  his  residence  from  one  precinct  in  said  city 
to  another,  or  from  one  part  of  such  precinct  to  another  part  thereof, 
before  the  day  of  the  election  for  which  he  is  registered  as  a  voter, 
and  shall,  after  making  such  change  at  any  time  on  or  before  the 
Wednesday  preceding  such  election  apply  to  the  board  of  election 
commissioners  to  have  his  name  transferred  from  the  precinct  in  which 
he  is  registered,  or  his  residence  changed  from  his  former  to  his  present 
residence  in  such  precinct,  said  board  shaU.  cause  him  to  be  sworn  and 
examined  as  to  the  facts  of  such  change,  and  his  statement  shall  be 
taken  down  in  writing  and  signed  and  sworn  to  by  him  and  duly  certi- 
fied by  said  board;  if  said  board  shall  be  satisfied  that  the  applicant 
has  changed  his  residence,  as  stated,  and  that  he  is  entitled  to  have 
his  name  transferred  and  his  place  of  residence  changed,  they  shall 
first  cause  his  name,  where  he  moved  from  his  former  precinct,  to  be 
erased  from  the  registry  thereof,  and  transferred  to  the  precinct  in 

EL— 14 


210  ELECTION   LAWS. 

which  he  then  resides,  or  if  he  has  changed  his  residence  from  one 
place  to  another  in  said  precinct,  they  shall  change  his  address  on  the 
register  of  such  precinct.     (Laws  1903,  p.  170.) 

Sec.  6214.  Registration  of  invalids  and  absentees. — If  any  person 
who  has  the  qualifications  required  by  this  article  to  entitle  him  ta 
register  as  a  voter  in  such  city  shall  be  absent  therefrom  at  a  distance 
of  more  than  fifty  miles,  or  confined  by  illness  or  other  disability  to 
his  place  of  residence,  during  all  of  the  days  appointed  for  registration 
prior  to  any  election  at  which  he  desires  to  vote,  he  may  file  his  appli- 
cation in  the  office  of  said  election  commissioners  to  have  his  name 
registered  in  the  precinct  in  which  he  resides.  Such  application  shall 
be  verified  by  his  affidavit  and  shall  show  that  he  has  the  qualifications 
required  of  a  voter  by  this  article,  and  that  he  was  prevented  by  said 
absence,  sickness  or  disability  from  appearing  for  registration  before 
the  precinct  board  of  registry  on  all  of  said  registration  days,  specify- 
ing such  days  and  stating  at  what  place  or  places  he  was  during  each 
of  said  days,  and  where  registration  is  claimed  on  account  of  absence^ 
the  day  upon  which  he  returned  after  his  absence  during  said  days, 
or  in  case  of  illness  or  other  disability,  stating  the  first  day  upon  which 
such  disability  was  removed.  If  his  application  is  based  upon  his 
absence,  he  shall  file  at  the  same  time  the  affidavits  of  two  registered 
voters  of  said  precinct  stating  that  to  their  knowledge  he  is  a  qualified 
voter,  and  setting  out  therein  his  qualifications,  that  he  resides  in  said 
precinct,  and  that  they  believe  in  the  truth  of  his  statement  in  his  affi- 
davit as  to  his  reasons  for  not  appearing  before  said  registry  board  on 
all  of  said  days  of  registration,  specifying  them.  Where  such  applica- 
tion is  based  upon  a  physical  disability,  the  affidavit  of  said  applicant 
shall  describe  the  nature  of  such  disability  as  the  same  is  most  com- 
monly described,  and  said  affidavit  must  be  accompanied  by  an  affi- 
davit of  a  physician  duly  admitted  to  the  practice  of  medicine  in  such 
city,  which  shall  describe  such  disability  as  the  same  is  most  commonly 
described,  and  that  such  disability  continued  during  said  registration 
days,  specifying  them,  also  stating  the  day  on  which  the  same  was  first 
removed.  Said  board  shall  file  all  affidavits  made  as  aforesaid  and 
carefully  preserve  the  same.  Any  voter  may  make  objection  to  any 
person  being  registered  upon  such  application  in  the  manner  and  form 
as  objections  are  required  to  be  made  before  the  registry  board.  The 
election  commissioners  shall  sit  specially  to  hear  such  applications  on 
the  Wednesday  of  the  first  week  prior  to  said  election,  between  the 
hours  of  nine  a.  m.  and  twelve  m.,  and  between  two  p.  m.  and  ten  p.  m., 
and  if  all  such  applications  be  not  then  determined,  it  shall  sit  on  the 
same  hours  of  the  next  day.  Said  applicants  shall  appear  in  person 
before  the  commissioners  on  said  Wednesday;  they  may  be  further 
examined  by  the  commissioners,  under  oath,  and  further  testimony 
taken  in  favor  of  or  against  their  applications.  All  cases  shall  be 
heard  summarily  and  decided  as  soon  as  heard.  If  the  board  shall 
believe  any  applicant  is  entitled  to  registration  according  to  the  pro- 
visions of  this  section  he  shall  be  registered  as  a  voter;  otherwise  his 
application  shall  be  rejected.    If  registered,  opposite  his  name  on  the 


REGISTRATION,    ELECTIONS   CITIES   OVER   300,000.  211 

registry  shall  be  entered  the  word  *' absentee"  or  "invalid,'*  as  the 
case  may  be.     (Laws  1903,  p.  170.) 

Sec.  6215.  Revised  lists  of  voters — when  to  be  completed  and 
how  posted. — The  board  of  election  commissioners  shall  cause  to  be 
printed  and  ready  for  distribution  not  later  than  Friday  of  the  week 
prior  to  the  election,  the  revised  registry  lists  as  returned  to  them  by 
the  registration  board  at  the  close  of  revision,  and  further  corrected  as 
far  as  may  be  necessary  by  the  judgment  of  the  supreme  court,  court 
of  appeals,  or  the  circuit  court,  or  transfers  by  the  board  of  commis- 
sioners, or  registrations  of  absentees  or  invalids  as  herein  provided. 
In  cases,  however,  where  the  order  of  any  court  shall  be  received,  or 
any  transfer  or  registration  shall  be  made  by  the  election  commis- 
sioners, as  herein  provided,  at  so  late  a  date  that  the  name  ordered 
to  be  registered  cannot  be  printed  upon  the  revised  registry  lists,  all 
of  such  names  so  to  be  registered  in  any  precinct  shall  be  printed  in 
a  supplemental  list,  copies  of  which  shall  be  given  upon  application 
to  any  qualified  voter  in  such  precinct  upon  demand ;  a  copy  of  which 
shall  also  be  given  to  the  judges  of  election  of  such  precincts  with  the 
ballot  box  and  poll  books.  Such  revised  lists  shall  be,  except  as  cor- 
rected by  the  board  of  registration  at  revision,  and  by  the  orders  above 
mentioned,  in  all  respects  like  the  registration  lists  above  ordered  to 
be  published  on  the  Friday  of  the  fifth  week  before  said  election. 
(Laws  1903,  p.  170.) 

Sec.  6216.  Delivery  of  poll  book,  ballot  boxes,  etc.,  to  judges. — 
Said  commissioners  shall,  on  the  day  preceding  any  election,  have 
delivered  to  one  of  said  judges,  at  his  residence,  one  of  the  registers 
of  said  precinct,  and  the  key  (or  keys,  if  there  be  more  than  one  to  the 
ballot  box),  and  to  a  judge  of  the  opposite  political  party,  at  his  resi- 
dence, the  other  of  said  registers,  the  ballot  box,  poll  books,  verifica- 
tion lists  and  necessary  blanks  and  stationery,  and  a  sealed  package 
of  ballots.     (Laws  1903,  p.  170.) 

Sec.  6217.  Polls  to  be  opened  and  closed,  when — place  of  absent 
judge  or  clerk,  how  lailed — ^penalty  for  being  absent  or  late — appointees, 
oath  and  duties. — The  election  polls  shall  be  opened  at  six  o'clock  in 
the  morning  and  continue  open  until  seven  o'clock  in  the  afternoon 
of  the  same  day,  at  which  time  they  shall  be  closed.  No  judge  or  clerk 
shall  absent  himself  to  exceed  five  minutes  at  any  one  time  until  the 
ballots  are  all  cast  and  counted,  and  returns  made  thereof.  If  any 
judge  or  clerk  shall  not  be  present  after  the  expiration  of  fifteen  min- 
utes from  the  time  to  open  the  polls,  or  be  disqualified,  or  refuse  to 
act,  the  judge  or  judges  present  shall  fill  the  place  of  such  absent 
judge  or  clerk,  or  vacancy,  by  selecting  a  person  of  the  same  political 
party  as  the  judge  or  clerk  absent.  One  of  the  judges  shall  administer 
to  such  judge  or  clerk  the  oath  required  of  the  judge  or  clerk  origi- 
nally appointed,  and  such  appointee  shall  perform  like  duties  and 
be  subject  to  the  same  punishment  and  penalties  as  any  other  judge 
or  clerk.  If  any  judge  or  clerk  shall  be  fifteen  minutes  late,  but  shall 
present  himself  at  the  precinct  for  which  he  is  appointed,  and  offer 
to  act,  at  or  before  seven  o'clock  in  the  forenoon,  he  shall  be  permitted 
to  act,  and  the  person,  if  any,  who  has  been  appointed  to  fill  his  place 


212  ELECTION   LAWS. 

shall  retire,  but  shall  be  entitled  to  one-half  day's  pay  provided  for 
judges  and  clerks  hereunder,  and  the  judge  or  clerk  appointed  who  has 
failed  to  be  present  shall  be  entitled  only  to  receive  the  remaining 
half  day's  pay;  if,  however,  any  judge  or  clerk  shall  not  present  him- 
self at  the  polling  place  for  which  he  is  appointed  to  act  at  or  before 
seven  o'clock  in  the  forenoon  he  shall  not  be  permitted  to  act  during 
that  day,  nor  be  entitled  to  any  compensation  for  that  day.  (Laws 
1903,  p.  170.) 

Sec.  6218.  Ballot  box  to  be  kept  in  public  view— penalty. — Before 
voting  begins  the  ballot  box  shall  be  empty,  and  it  shall  be  opened  and 
shown  to  those  present  to  be  empty,  and  not  be  removed  from  public 
view  from  the  time  when  shown  to  be  empty  until  after  the  close  of 
the  polls.  It  shall  be  locked  and  the  key  delivered  to  one  of  the  judges 
and  shall  not  again  be  opened  until  the  close  of  the  polls.  If  any 
obstruction  shall  be,  prior  to  or  during  such  election,  interposed  so 
that  all  who  desire  cannot  constantly  see  such  ballot  box,  it  shall  be 
the  duty  of  such  judges  to  remove  such  obstruction  on  request  of  any 
voter  of  the  precinct,  or  on  their  own  motion.     (Laws  1903,  p.  170.) 

Sec.  6219.  Poll  book,  how  kept. — Each  of  the  clerks  of  the  elec- 
tion shall  keep  a  poll  book  which  contains  a  column  headed  "number," 
another  headed  "residence,"  and  another  headed  "names  of  voters.'^ 
The  name  and  street  and  number  of  the  residence  of  such  voter  shall 
be  entered  upon  each  of  the  poll  books  by  the  clerks,  in  regular  suc- 
cession, under  the  proper  headings,  and  the  number  of  such  voter,  in 
the  order  in  which  he  voted,  placed  opposite  the  name  in  the  column 
headed  "number."     (Laws  1903,  p.  170.) 

Sec.  6220.  Procedure  when  ballot  is  offered  by  voter — in  cases  of 
challenge. — One  of  the  said  judges  of  election  shall  receive  the  ballot 
from  the  voter,  and  shall  announce  his  residence  and  name  in  a  loud 
voice,  and  shall  write  on  the  back  of  said  ballot  the  number  of  the 
same,  in  the  order  in  which  it  was  received,  which  number  shall  also 
be  placed  opposite  the  name  of  the  voter  in  the  poll  book,  in  the 
column  headed  "number,"  and  another  judge  shall  put  the  vote  in 
the  ballot  box  in  the  presence  of  the  voter  and  the  judges  and  clerks, 
and  in  plain  view  of  the  public.  The  judge  or  clerk  having  charge 
of  the  registry  shall  then,  in  a  column  prepared  thereon,  in  the  same 
line  of  the  name  of  the  voter,  mark  in  ink  or  with  indelible  pencil 
** voted."  If  such  person  so  registered  shall  be  challenged  or  disquali- 
fied, the  party  challenging  shall  assign  his  reason  therefor,  and  there- 
upon one  of  said  judges  shall  administer  to  him  an  oath  to  answer 
questions,  and  he  shall  be  questioned  by  said  judge  or  judges  touch- 
ing such  cause  of  challenge,  and  touching  any  other  cause  of  his  dis- 
•qualification,  and  may  also  be  questioned  by  the  person  challenging 
him  in  regard  to  his  qualifications  and  identity,  but  if  a  majority  of 
the  judges  are  of  the  opinion  that  he  is  the  person  so  registered  and 
a  qualified  voter,  his  vote  shall  then  be  received  accordingly.  The 
vote  of  no  one  shall  be  received  by  said  judges  whose  name  does  not 
appear  upon  the  books  of  registration  as  a  qualified  voter.  (Laws 
1903,  p.  170.) 


REGISTRATION,    ELECTIONS  CITIES   OVER   300,000.  2 IS 

Sec.  6221.  Registry  in  force  between  general  elections.— In  any 
special  election  occurring  in  a  portion  of  such  city  for  the  purpose 
of  filling  a  vacancy  occurring  in  a  single  office  there  shall  not  be  a 
revision  of  the  registry.  At  every  election  held  in  such  cities  between 
the  general  registration  referred  to  the  last  general  registry  shall  be 
used,  and  for  that  purpose  the  board  of  registration  shall  meet  on 
Thursday  of  the  seventh  week  preceding  such  election ;  the  canvassers 
shall  make  their  canvass  on  the  Friday  following;  and  the  board  of 
revision  shall  hold  its  session  for  revision  on  Friday  of  the  fourth  week 
prior  to  said  election.  Said  sessions  shall  be  held  from  eight  o'clock 
a.  m.  until  ten  o'clock  p.  m.  on  each  of  said  days,  and  names  may  be 
added,  on  the  day  of  registration,  or  stricken  from  the  register,  on 
tne  day  of  revision,  in  the  same  way,  upon  sworn  applications,  as  in 
the  case  of  general  registration.  There  may  be  appeals  for  registration 
to  the  circuit  court  on  Friday  and  Saturday  of  the  third  week  before 
said  election.  The  board  of  election  commissioners  shall  sit  to  register 
absentees  or  invalids  on  "Wednesday  of  the  first  week  prior  to  said  elec- 
tion. There  shall  be  no  publication  of  the  names  of  judges  and  clerks 
or  of  the  revised  lists.  In  all  other  respects,  the  proceedings,  forma 
and  requirements  are  to  be  observed  as  provided  for  general  registra- 
tion. At  everj^  election  held  in  such  city,  between  the  time  this  article 
becomes  a  law  and  the  next  general  registration  provided  for  herein, 
the  registry  books  of  qualified  voters  in  such  cities  at  the  last  general 
city  or  state  election,  and  used  in  said  election  as  the  registry  of  quali- 
fied voters  of  such  cities  and  the  registry  of  qualified  voters  under  the 
various  sections  of  this  article  providing  for  registration,  shall  be  the 
registry  of  qualified  voters  of  such  city  used  and  in  force  for  such 
elections.  New  books  of  registry  shall  be  prepared  and  furnished  as 
provided  in  this  article  by  said  election  commissioners  for  the  regis- 
tration required  to  be  made,  in  every  presidential  year  by  this  article ; 
and  the  registry  and  other  books  no  longer  required,  or  used,  shall  be 
kept  and  preserved  in  the  office  of  the  election  commissioners :  Provided, 
that  at  every  election  for  the  ratification  of  a  revised  city  charter, 
under  the  provisions  of  section  22,  article  9  of  the  Constitution  of 
Missouri,  held  in  such  cities  between  the  general  registrations  referred 
to,  the  last  general  registry  shall  be  used,  and  for  that  purpose  the 
board  of  registration  shall  meet  one  day  for  registration  on  the  four- 
teenth day  preceding  such  election,  unless  said  day  should  fall  upon 
a  legal  holiday,  when  such  registration  shall  be  held  on  the  next  busi- 
ness day  preceding  such  holiday;  the  canvassers  shall  make  their 
canvass  on  the  next  business  day  following.  Upon  the  completion  of 
said  canvass,  said  canvassers,  or  one  of  them,  shall  sign  a  notice  and 
send  the  same  through  the  mail,  duly  stamped,  to  the  address  given 
upon  the  registry  and  ''verification  lists"  of  all  persons  named  therein 
against  whose  names  they  have  made  check  marks,  indicating  that 
they  did  not  reside  at  such  place  as  before  stated,  and  also  to  the 
address  of  all  persons  against  whose  names  said  registry  board  or 
judge  of  election  has  placed  a  check  mark  in  such  ''verification  lists," 
which  shall  require  such  person  to  appear  before  the  board  of  regis- 
try upon  the  third  business  day  following  such  canvass,  and  to  show 


214  ELECTION   LAWS. 

cause  why  his  name  should  not  be  erased  from  such  registry.  Proper 
blanks  and  postage  stamps  shall  be  furnished  for  the  purpose  of  such 
canvassers  by  the  commissioners.  Such  notice  must  be  mailed  not 
later  than  ten  o'clock  of  the  morning  succeeding  the  said  canvass. 
No  such  notice,  however,  is  to  be  served  by  leaving  the  same  with  the 
party  or  at  the  address  designated  in  such  registry  and  verification 
lists.  Upon  the  conclusion  of  said  canvass,  the  clerk  shall  make,  upon 
the  third  copy  of  the  verification  lists,  the  same  notations  as  con- 
tained on  the  two  lists  used  by  them  in  making  their  canvass,  and  the 
third  list,  when  so  checked,  they  shall  deliver  at  the  office  of  the  elec- 
tion commissioners  not  later  than  eight  p.  m.  of  the  next  business  day 
following  said  canvass.  The  board  of  revision  shall  hold  its  session 
for  revision  on  the  third  business  day  following  such  canvass.  Said 
sessions  for  registration  and  revision  shall  be  held  from  eight  o'clock 
a.  m.  until  ten  o'clock  p.  m.  on  each  day  of  said  days,  and  names  may 
be  added,  on  the  day  of  registration,  or  stricken  from  the  register,  on 
the  day  of  revision,  in  the  same  way,  upon  sworn  applications,  as  in 
the  case  of  a  general  registration.  There  may  be  appeals  for  registra- 
tion to  the  circuit  court  on  the  fourth  day  before  election,  unless  said 
day  fall  upon  a  Sunday  or  legal  holiday,  when  the  same  shall  be  on 
the  next  business  day  preceding  such  fourth  day.  The  board  of  elec- 
tion commissioners  shall  sit  to  register  absentees  or  invalids  on  the 
next  business  day  after  said  appeal  day.  There  shall  be  no  publication 
of  the  names  of  the  judges  and  clerks  or  of  the  revised  lists.  In  all 
respects,  except  as  hereby  modified,  the  proceedings,  forms  and  re- 
quirements are  to  be  observed  as  provided  for  general  registration. 
(Laws  1903,  p.  170,  amended.  Laws  1909,  p.  495.) 

Sec.  6222.  Judges  to  be  peace  officers — challengers. — Said  judges 
of  election  shall  have  authority  to  keep  the  peace  and  to  cause  any 
person  to  be  arrested  for  any  breach  of  the  peace  or  for  any  breach 
of  the  election  laws,  or  for  any  interference  with  the  progress  of  such 
election  or  of  the  canvass  of  the  ballots;  and  it  shall  be  the  duty  of 
all  officers  of  the  law  present  to  obey  the  orders  of  a  majority  of  such 
judges  of  election,  but  less  than  a  majority  of  such  judges  shall  have 
no  authority  and  no  power  to  give  any  order  to  any  such  officer.  And 
it  shall  be  the  duty  of  the  board  of  police  commissioners  of  such  city 
to  instruct  all  police  officers  accordingly.  At  every  registration  and 
election,  each  of  the  political  parties  shall  have  a  right  to  designate 
and  keep  a  challenger  at  each  place  of  registration,  revision  of  registra- 
tion and  voting,  who  shall  be  assigned  such  position  inside  the  polling 
or  registration  booth,  as  will  enable  him  to  see  each  person  as  he  offers 
to  register  or  vote,  and  who  shall  be  protected,  in  the  discharge  of  his 
duty,  by  the  judges  of  election.  And  authority  signed  by  the 
recognized  chairman  or  presiding  officer  of  the  chief  managing  com- 
mittee of  a  party  in  any  such  city  shall  be  sufficient  evidence  of  the 
right  of  the  challenger  for  such  party  to  be  present  inside  the  room 
where  the  ballot  box  is  kept.  But  in  case  the  challenger  does  not  or 
cannot  produce  the  authority  of  such  chairman,  it  shall  be  the  duty  of 
such  judges  of  election  to  recognize  a  challenger  that  shall  be  vouched 
for  and  presented  to  them  by  the  persons  present  belonging  to  such 


REGISTRATION,    ELECTIONS   CITIES   OVER  300,000.  215 

political  party  or  who  shall  be  vouched  for  by  the  judge  representing 
such  party.  The  chairman  of  the  managing  committee  of  each  political 
party  may  remove  such  challenger  appointed  by  him,  and  substitute 
another  in  his  place.  Two  persons  of  each  political  party,  represented 
on  the  ballot,  of  good  character  and  standing,  shall  be  admitted,  by 
the  judges,  into  the  polling  place  to  be  present  during  the  canvass  of 
the  votes  and  the  making  of  the  returns,  in  the  same  manner  as  herein 
provided  in  regard  to  challengers.  Such  challengers  and  other  persons 
shall  be  duly  registered  voters  of  the  precinct  in  which  they  act  as 
challengers  or  watchers,  of  good  character  and  sober,  and  shall  in  no 
wise  interfere  with  such  canvass.     (Laws  1903,  p.  170.) 

Sec.  6223.  Vote  to  be  canvassed,  when. — As  soon  as  the  poll  of  an 
election  shall  be  finally  closed,  the  judges  of  election,  in  their  several 
precincts,  shall  immediately,  and  at  the  same  place  of  the  election  poll, 
proceed  to  canvass  the  votes.  Such  canvass  shall  not  be  adjourned  or 
postponed  until  it  shall  be  fully  completed,  nor  until  the  statements 
herein  required  to  be  made  by  the  judges  and  clerks  shall  be  made 
out  and  signed  by  them.  The  judges  of  election  shall  have  the  right 
to  station  one  or  more  police  officers  or  other  peace  officers,  at  such 
entrance  to  the  room  where  such  canvass  is  begun  or  about  to  take 
place,  to  exclude  noisy  or  disorderly  persons,  and  to  keep  the  peace. 
(Laws  1903,  p.  170.) 

Sec.  6224.  Vote,  how  canvassed.— The  judges  of  election  shall  first 
count  the  whole  number  of  ballots  in  the  box.  If  the  ballots  shall  be 
found  to  exceed  the  number  of  names  entered  upon  each  of  the  poll 
books,  they  shall  reject  the  ballots,  if  any,  found  folded  inside  of  a 
ballot ;  and  if  the  ballots  and  the  poll  list  do  not  agree  after  such  re- 
jection, they  shall  reject  all  ballots  not  numbered,  and  no  ballot  not 
so  numbered  shall  be  counted.  The  ballots  so  rejected  shall  be  en- 
closed in  an  envelope  marked  *' rejected  ballots,'*  and  returned  with 
the  ballot  boxes  to  the  election  commissioners ;  and  the  ballots  or  poll 
lists  agreeing  or  being  made  to  agree  in  this  way,  the  board  shall 
proceed  to  count  the  votes  in  the  following  manner :  Said  judges  shall 
open  the  ballots  and  place  those  which  contain  the  same  names 
together,  so  that  the  several  kinds  shall  be  in  separate  piles,  or  on 
separate  files.  Each  of  the  judges  shall  examine  the  separate  files 
which  are,  or  are  supposed  to  be,  alike,  and  exclude  from  such  files 
any  which  may  have  a  name  or  any  erasure,  or  in  any  manner  shall  be 
different  from  the  other  of  such  file.  One  of  said  judges  shall  then 
take  one  file  of  the  kind  of  ballots  which  contain  the  same  name  and 
count  them  by  the  tens,  carefully  examining  each  name  of  each  of  said 
ballots.  Said  judges  shall  then  pass  the  ten  ballots  aforesaid  to  other 
judges,  who  shall  count  them  in  the  same  manner,  and  call  the  names  of 
the  persons  named  in  the  ten  ballots,  and  the  offices  for  which  they  are 
designated,  and  the  poll  clerks  shall  tally  ten  votes  for  each  of  such 
persons.  When  they  shall  have  gone  through  such  file  of  ballots  con- 
taining the  same  names  by  tens  in  that  way,  and  when  the  clerk  shall 
have  tallied  all  the  votes  by  tens  for  each  of  said  persons,  they  shall 
then  take  up  the  next  pile  of  ballots  containing  the  same  names,  and 


216  ELECTION  LAWS. 

shall  count  them  by  tens  in  the  same  way,  and  shall  call  the  names  of 
the  persons  named  in  said  ballots  and  the  offices  for  which  they  are- 
designated,  and  the  clerks  shall  tally  the  vote  by  tens  for  each  of 
said  persons  in  the  same  manner.  When  the  counting  of  each  file  of 
ballots  which  contain  the  same  names  shall  be  completed,  the  clerks^ 
shall  compare  their  tallies  together  and  ascertain  the  total  number  of 
ballots  of  that  kind  so  canvassed,  and  when  they  agree  upon  the  num-^ 
ber,  one  of  them  shall  announce  it  in  a  loud  voice.  The  said  judges 
shall  then  canvass  the  other  kind  of  ballots  which  do  not  correspond^ 
those  containing  names  partly  from  one  kind  of  ballots  and  partly 
from  another,  being  those  usually  called  ''split  tickets,''  and  those- 
from  which  the  names  of  the  persons  proper  to  be  voted  for  on  such 
ballots  had  been  omitted  or  erased,  usually  called  "scratched  tickets."" 
They  shall  be  canvassed  separately  by  the  judges,  and  each  name  called 
out  to  the  clerks  and  the  office  for  which  it  is  designated,  and  the 
clerks  making  tally  of  the  same.  When  all  ballots  are  canvassed  in 
this  manner,  the  clerks  shall  compare  their  tallies  together,  and  ascer- 
tain the  total  number  of  votes  received  by  each  candidate,  and  wheit 
they  agree  upon  the  number,  one  of  them  shall  announce  in  a  loud 
voice  the  number  of  votes  received  by  each  candidate  on  each  of  the- 
kinds  of  ballots  containing  his  name.     (Laws  1903,  p.  170.) 

Sec.  6225.  Vote  on  proposition  canvassed,  how. — Whenever  any 
proposition  is  submitted  to  a  vote  of  the  people,  and  is  printed  or 
written  upon  the  same  ticket  with  the  names  of  candidates  for  an  office,. 
the  names,  together  with  such  proposition,  shall  be  canvassed  in  the- 
following  manner:  All  the  ballots  shall  be  first  separated  into  three- 
piles,  the  first  pile  containing  all  the  ballots  in  favor  of  such  proposi- 
tion ;  the  second  pile  containing  all  the  ballots  against  such  proposition  ; 
and  the  third  pile  containing  all  the  ballots  not  mentioning  such 
proposition,  or  being  neither  for  nor  against  such  proposition.  Each 
of  the  judges  shall  then  examine  each  pile  and  see  that  the  separation 
has  been  properly  made.  Then  the  first  pile  shall  be  counted  by  ten»- 
and  the  result  announced  to  the  clerks,  who  shall  tally  the  same  by  tens, 
and  so  the  second  pile  shall  be  counted,  announced  and  tallied,  and  like- 
wise the  third  pile ;  and  the  clerks  shall  announce  the  number  of  votes 
for,  and  the  number  of  votes  against  such  proposition.  The  ballot* 
for  or  against  any  proposition  submitted  shall  always  be  canvassed, 
counted  and  tallied  before  the  names  of  candidates  for  any  office  are- 
canvassed,  counted  or  tallied.  If  the  tally  sheets  and  returns  should 
contain  no  heading  for  any  proposition  submitted,  it  shall  be  the  duty 
of  the  clerks  to  write  into  such  tally  sheets  and  returns  the  headings- 
necessary  in  order  to  keep  a  correct  tally  and  to  make  a  correct  and 
accurate  return,  and  it  shall  be  the  duty  of  the  clerks  and  judges  of 
election  to  make  a  true  count  and  correct  return  of  all  votes  upon  any 
such  proposition,  and  certify  the  same  to  the  election  commissioners,  as 
provided  herein  in  other  cases.     (Laws  1903,  p.  170.) 

Sec.  6226.  Statement  of  result  of  canvass  made  and  certified, 
how.— The  said  judges  of  election  shall  make  two  statements  of  the 
result  of  the  canvass,  one  of  which  shall  be  written  or  partly  written 
and  partly  printed  in  each  of  the  poll  books  used  at  such  election.  Each 


REGISTRATION,   ELECTIONS   CITIES   OVER   300,000.  217 

of  these  statements  shall  contain  a  caption  stating  the  day  on  whieh^ 
and  the  number  of  the  election  precinct  and  the  ward,  and  city  in  re- 
lation to  which  such  statement  shall  be  made,  and  the  time  of  opening 
and  closing  of  the  polls  of  such  precinct.  It  shall  also  contain  a  state- 
ment showing  the  whole  number  of  votes  given  for  each  person^ 
designating  the  office  for  which  they  were  given,  which  statement  shall 
be  written  or  partly  written  and  partly  printed  in  words  at  length ;  and 
in  case  a  proposition  of  any  kind  has  been  submitted  to  a  vote  at  such 
election,  such  statement  shall  also  show  the  number  of  votes  cast  for  or 
against  such  proposition,  written  out  or  partly  written  and  partly 
printed  in  words  at  length,  and  at  the  end  thereof  a  certificate  that  such 
statement  is  correct  in  all  respects,  which  certicate,  and  each  sheet  of 
paper  forming  part  of  the  statement,  shall  be  subscribed  by  the  said 
judges  and  election  clerks.  If  any  judge  or  election  clerk  shall  decline 
to  sign  such  returns,  he  shall  state  his  reason  therefor,  in  writing,  and 
a  copy  thereof  signed  by  himself  shall  be  enclosed  in  an  envelope,  which 
shall  then  be  securely  sealed,  and  each  of  the  judges  and  each  of  the 
election  clerks  shall  write  his  name  across  every  fold  at  which  the 
envelope,  if  unfastened,  could  be  opened.  And  the  envelope  shall  be 
directed  on  the  outside  to  the  election  commissioners.  Each  set  of 
tallies  shall  also  be  signed  by  the  election  clerks  and  judges  of  election, 
and  shall  also  be  enclosed  in  an  envelope,  securely  sealed  and  signed 
and  directed  on  the  outside  of  envelope  to  said  election  commissioners. 
On  the  outside  of  envelope  shall  be  endorsed  whether  it  contains  the 
statement  of  the  votes  cast  or  the  tallies,  and  for  what  precinct  and 
ward.     (Laws  1903,  p.  170.) 

Sec.  6227.  Poll  books  to  be  placed  in  ballot  box — ^to  be  sealed, 
how. — The  poll  books  which  contain  the  statement  of  returns  shall  be 
placed  in  the  ballot  box,  and  the  ballot  box  shall  then  be  locked  and 
the  key  removed;  whereupon  said  judges  of  election  shall  all  write 
their  names  upon  a  slip  of  paper  of  sufficient  length  for  the  following 
purposes :  Said  slip  of  paper,  after  the  signing  of  their  names  thereon 
by  said  judges,  shall  then  be  pasted  over  the  keyhole  of  the  said  box 
and  extending  upward  to  the  upper  lid  of  the  box  and  carried  for 
some  distance  over  the  top,  and  it  shall  be  placed  in  such  a  way  that 
the  signatures  of  said  judges  shall  extend  across  the  place  of  the  open- 
ing of  the  lid  of  the  box,  so  that  when  the  box  is  opened  it  shall  tear 
such  paper  and  destroy  the  signatures  written  thereon,  and  when  the 
key  shall  be  inserted  in  the  keyhole  it  will  tear  the  paper  so  pasted  over 
the  keyhole.  Such  paper  shall  be  fastened  with  some  adhesive  material 
and  so  as  not  to  permit  the  removal  of  such  slip  of  paper  without  de- 
facing it.     (Laws  1903,  p.  170.) 

Sec.  6228.  Disposition  of  ballots. — The  judges  shall  fold  in  two 
folds  and  string  closely  upon  a  string  or  wire,  all  ballots  counted 
by  them,  except  those  marked  "defective,'*  or  *' rejected,"  unite  the 
ends  of  such  string  or  wire  in  a  firm  knot,  enclose  the  ballots  so  strung 
in  an  envelope,  on  which  shall  be  endorsed,  in  writing  or  print,  the 
number  of  the  precinct,  date  on  which  such  election  was  held,  and 
securely  seal  such  envelope,  so  that  it  cannot  be  opened  without  break- 
ing the  seal,  and  return  said  ballots,  together  with  the  package  con- 


218  ELECTION   LAWS. 

taining  the  ballots  marked  ''defective"  or  "objected"  or  ''rejected/' 
in  such  sealed  package  or  envelope  to  the  election  commissioners.  Two 
of  said  judges  of  opposite  politics  shall,  immediately  after  signing  the 
statement  of  the  result  of  the  canvass  and  talley  sheets  and  the  sealing 
of  the  ballot  box,  go  together  to  the  office  of  the  election  commissioners 
and  deliver  said  ballot  box  and  the  key  thereto  to  said  election  com- 
missioners, who  shall  keep  the  office  open  until  all  of  said  ballot  boxes 
have  been  received.  Immediately  upon  receiving  said  ballot  boxes 
said  commissioners  shall  give  a  receipt  therefor  to  said  judges,  and 
shall  place  them  properly  arranged  in  the  order  of  precinct  numbers 
in  boxes  which  shall  be  securely  locked.  Said  boxes  shall  be  placed  in 
a  vault  having  a  double  lock,  and  said  vault  shall  be  locked  and  keys 
retained  by  commissioners  of  opposite  political  parties.  Said  election 
commissioners  shall  securely  keep  said  ballot  boxes  for  twelve  months, 
not  opening  or  inspecting  them  nor  allowing  any  one  else  to  do  so, 
except  upon  order  of  court  in  case  of  contested  election,  or  when  it 
shall  be  necessary  to  produce  them  at  the  trial  of  any  offense  committed 
under  this  article.  At  the  end  of  twelve  months  after  said  election, 
said  ballots  shall  be  destroyed :  Provided,  that  if  any  contest  of  the 
election  of  any  officer  voted  for  at  such  election,  or  prosecution  under 
this  article  shall  be  pending  at  the  expiration  of  said  time,  the  said 
ballots  shall  not  be  destroyed  until  such  contest  or  prosecution  be 
finally  determined.     (Laws  1903,  p.  170.) 

Sec.  6229.  Statement  and  tally  sheet  to  be  delivered  to  commis- 
sioners, etc. — Another  judge  shall  take  a  statement  of  the  votes  cast 
into  his  possession,  sealed  up  in  an  envelope  as  aforesaid,  and  one  of 
the  clerks  shall  take  a  tally  sheet,  sealed  up  in  an  envelope  as  aforesaid, 
and  the  judge  having  possession  of  statement  and  the  clerk  having 
possession  of  tally  sheet,  shall  each,  before  twelve  o'clock  of  the  next 
day  after  such  election,  deliver  the  statement  and  tally  sheet  to  the 
said  election  commissioners,  and  take  a  receipt  from  them  therefor. 
And  it  shall  be  the  duty  of  the  said  election  commissioners  to  receive 
the  same,  and  keep  safely  under  lock  and  key  until  ordered  to  be  sur- 
rendered as  herein  provided.     (Laws  1903,  p.  170.) 

Sec.  6230.  Judges  and  clerks  exempt  from  jury  duty. — ^Every 
judge  or  clerk  of  election  shall  be  exempt  from  jury  duty  from  the 
day  of  his  qualification  as  such  until  two  years  after  his  term  of  office 
expires,  if  and  so  long  as  he  performs  his  duty  as  such  judge  or  clerk 
at  every  election  held  in  the  precinct  for  which  he  is  appointed  from 
the  day  of  his  qualification  until  his  term  of  office  expires ;  and  where 
a  judge  or  clerk,  duly  appointed  by  the  board  of  election  commis- 
sioners, has  qualified  and  performed  his  duty  as  judge  or  clerk  at  an 
election,  he  shall  be  exempt  from  jury  service  until  the  next  election, 
and  if  such  second  election  falls  within  the  term  for  which  he  is  ap- 
pointed and  he  fails  to  perform  his  duties  thereat,  his  exemption  from 
jury  service  shall  thereby  cease.  Any  person  not  regularly  appointed 
by  the  board  of  election  commissioners,  but  who  shall  duly  serve  as 
judge  or  clerk  at  any  election,  because  appointed  to  fill  a  vacancy  at 
the  polling  place  shall  be  exempt  from  jury  service  for  six  months 
thereafter.     It  shall  be  the  duty  of  the  jury  commissioners  in  all  cities 


REGISTRATION,    ELECTIONS  CITIES   OVER  300,000.  219 

subject  to  this  article  having  jury  commissioners,  to  see  that  no  person 
is  summoned  to  do  jury  service  during  the  time  for  which  he  is  exempt, 
as  herein  provided.  And  it  shall  be  the  duty  of  the  board  of  election 
commissioners,  after  each  election,  to  certify  to  the  jury  commissioners 
the  names  of  the  judges  and  clerks  who  served  at  such  election. 
(Laws  1903,  p.  170.) 

Sec.  6231.  Disposition  of  ballot  boxes  by  commissioners — penalty 
for  failure  to  deliver  to  commissioners. — The  said  election  commis- 
sioners, upon  the  receipt  of  said  ballot  box  and  key  thereto,  shall  note 
the  condition  of  seal  or  stamp  on  said  box,  and  enter  the  fact  touching 
the  same  upon  a  book  kept  by  them,  together  with  the  name  of  the 
judge  who  returns  such  ballot  box ;  he  shall  thereupon  open  said  ballot 
box  and  remove  the  poll  books  containing  the  returns  of  the  votes 
cast,  and  note  upon  the  book  their  condition,  and  put  them  in  a  secure 
place  under  lock  and  key,  to  which  the  public,  in  no  event,  shall  have 
access.     (Laws  1903,  p.  170.) 

Sec.  6232.  Abstract  of  votes,  how  made — copy  to  be  sent  to  sec- 
retary of  state. — Within  eight  days  after  the  close  of  such  election  such 
board  of  election  commissioners  shall  publicly  open  all  the  returns 
aforesaid  and  shall  make  abstract  of  statements  of  all  the  votes  for 
governor  and  lieutenant-governor  on  one  sheet;  all  votes  for  other 
€tate  officers  on  another  sheet;  aU  votes  for  presidential  electors  on 
another  sheet ;  all  votes  for  judges  of  the  supreme  court  on  another 
sheet;  all  votes  for  judges  of  the  court  of  appeals  on  another  sheet; 
all  votes  for  members  of  congress  and  for  senators  and  representatives 
to  the  general  assembly  on  another  sheet ;  all  votes  for  county  officers 
on  another  sheet ;  all  votes  for  city  officers  on  another  sheet ;  all  votes 
for  any  other  officer  on  a  separate  and  appropriate  sheet;  all  votes 
for  and  all  votes  against  any  proposition  which  may  be  submitted  to 
a  vote  of  the  people  on  another  sheet.  It  shall  be  the  duty  of  such 
board  to  canvass,  add  up  and  declare  the  result  of  every  election  held 
within  the  boundaries  of  such  city,  and  transmit  an  abstract  of  the 
same  to  the  secretary  of  state,  or  other  proper  officer,  as  required  by 
law;  and  such  abstract  of  results,  and  a  certified  copy  thereof,  shall 
be  treated  everywhere  within  the  state,  and  by  all  public  officers,  with 
the  same  force  and  effect  as  the  abstract  of  votes  now  authorized  by 
the  laws  of  the  state  in  such  cases  made  and  provided.  (Laws  1903,  p. 
170.) 

Sec.  6233.  Commissioners  to  make  out  and  deliver  certificates  of 
election. — The  election  commissioners  shall  make  out  a  certificate  of 
election  to  each  person  having  the  highest  number  of  votes  for  the 
several  offices  voted  for,  including  aldermen  and  members  of  the 
municipal  assembly,  and  deliver  such  certificate  of  election  to  the 
person  entitled  to  it  on  his  application.     (Laws  1903,  p.  170.) 

Sec.  6234.  Procedure  in  case  fraud  in  returns  is  suspected. — If, 
upon  opening  the  various  returns  so  made,  there  shall  be  anything 
to  indicate  that  a  change  has  been  made  in  such  returns  since  signing 
the  same  by  the  judges  and  clerks,  or  any  fraud  in  any  respect  touch- 
ing such  returns,  it  shall  then  be  the  duty  of  the  board  to  have 


220  ELECTION   LAWS. 

all  the  tallies  opened  and  examined.  If  there  shall  be  any  doubl 
as  to  the  genuineness  of  such  returns  for  any  precinct,  and  as  to  th< 
actual  vote  as  originally  returned,  and  the  truth  respecting  the  sam( 
remain  uncertain,  it  shall  be  the  duty  of  said  canvassers  to  examine  any 
person  or  persons  who  were  present  at  the  time  of  the  proclamation 
so  made  by  the  judges  of  election  in  such  precinct,  about  which  any 
doubt  may  arise,  and  the  board  shall  be  permitted  to  place  such 
parties  or  witnesses  under  oath  and  examine  them  touching  the  same^ 
and  it  shall  be  their  duty  to  cause  such  parties  who  were  present  at  the 
time  of  such  proclamation  to  come  before  them,  and  a  subpoena  may  be 
issued  by  the  election  commissioners  compelling  any  such  witness  to 
come  before  such  board  and  give  their  evidence  touching  the  matter; 
and  it  shall  be  the  duty  of  said  board  to  declare  the  result  of  the  vote 
in  any  such  precinct  in  regard  to  which  any  question  arises,  in  the 
vote,  in  the  same  manner  as  it  was  proclaimed  by  the  judges  of  elec- 
tion after  the  canvass  by  them  in  such  precinct.  The  result,  so  de- 
clared, shall  be  binding  and  conclusive,  except  in  case  of  election  con- 
tests.    (Laws  1903,  p.  170.) 

Sec.  6235.  Compensation  of  commissioners,  secretary  and  clerks — 
expenses  paid  by  city. — In  all  cities  not  within  counties  such  election 
commissioners,  secretary  of  the  board,  judges  and  clerks  of  election 
and  registration  and  clerks  and  assistants  employed  by  the  board  of 
election  commissioners  shall  be  paid  by  the  city.  The  members  of  said 
board  of  election  commissioners  shall  each  receive  a  salary  of  three- 
thousand  dollars  a  year,  and  the  secretary  of  the  board  a  salary  of 
two  thousand  dollars  a  year,  all  payable  monthly.  The  assistants  and 
clerks  employed  by  the  election  commissioners  shall  each  receive  a 
salary  of  four  dollars  per  day  for  the  time  actually  employed,  payable 
monthly.  All  office  and  other  expenses  incurred  by  said  board  of 
election  commissioners,  and  all  office  and  other  expenses  and  all  costs 
and  expenses  of  registration  and  election  in  such  cities  shall  be  paid 
out  of  the  city  treasury.  All  printing,  binding,  books,  stationery,  etc., 
shall  be  paid  for  in  the  same  manner  and  contracted  for  by  the  board 
of  election  commissioners.     (Laws  1903,  p.  170.) 

Sec.  6236.  Compensation  of  judges  and  clerks. — The  judges  and 
clerks  of  election,  and  the  members  of  boards  of  registration  and 
clerks  in  cities  in  this  state  having  three  hundred  thousand  inhabitants 
and  over,  shall  each  receive  five  dollars  a  day,  for  pay  and  compensa- 
tion for  their  services.  When  judges  or  clerks  of  election  shall  be 
required  to  call  at  the  election  commissioners'  offices  for  ballot  boxes, 
registration  books,  or  for  any  other  purpose,  on  any  day  except  on 
election  day,  they  shall  be  allowed  two  dollars  and  fifty  cents  for  said 
services.  Said  pay  and  compensation  of  judges  and  clerks  of  election,, 
boards  of  registration  and  clerks,  shall  be  paid  by  such  city,  and  the 
municipal  assembly  thereof  is  hereby  required  to  make  necessary  ap- 
propriation for  such  payments.  (Laws  1903,  p.  170,  amended.  Laws 
1907,  p.  112.) 

Sec.  6236a.  In  certain  cities  election  days  holidays — effect  on 
negotiable  paper. — The  days  upon  which  the  general  state  or  county 
or  city  elections  shall  hereafter  be  held  in  such  cities  shall  be  holidays 


ELECTION   OF   SENATOR   IN   CONGRESS.  221 

for  all  purposes  whatever  as  regards  presenting  for  payment  or  ac- 
ceptance and  of  the  protesting  and  giving  notice  of  the  dishonor  of 
bills  of  exchange,  bank  checks  and  promissory  notes,  and  be  treated 
and  considered  as  is  the  first  day  of  the  week,  commonly  called  Sun- 
day.    (Laws  1911,  p.  249.) 

Sec.  6237.  Majority  may  act  for  board. — The  act  of  a  majority 
of  such  board  of  election  commissioners  shall  in  all  cases  arising  under 
this  article  be  considered  as  the  act  of  said  board  of  election  commis- 
sioners.    (Laws  1903,  p.  170.) 

Sec.  6238.  Board  to  audit  accounts. — Said  board  of  election  com- 
missioners shall  audit  all  the  claims  of  the  judges  of  election  and  of 
registration  and  all  other  claims,  expenses  and  accounts  under  this 
article,  and  shall  draw  a  warrant  therefor  upon  the  proper  officer. 
(Laws  1903,  p.  170.) 


ELECTION  OF   SENATOR  FROM    MISSOURI    TO   UNITED  STATES  CONGRESS 
BY  VOTE   OF   THE  PEOPLE. 

JOINT  AND  CONCURRENT  RESOLUTION  of  the  legislature  of  the  state  of  Missouri 
ratifying  and  approving  the  proposed  amendment  to  the  Constitution  of  the 
United   States  relative  to  the  election  of  United  States  senators. 

Whereas  the  sixty-second  congress  of  the  United  States  of 
America  at  the  second  session,  begun  and  held  in  the  city  of  Wash- 
ington on  Monday  the  4th  day  of  December,  1911,  proposed  an  amend- 
ment to  the  Constitution  of  the  United  States  in  words  and  figures 
as  follows : 

"That  in  lieu  of  the  first  paragraph  of  section  three  of  article  1 
of  the  Constitution  of  the  United  States,  and  in  lieu  of  so  much  of 
paragraph  two  of  the  same  section  as  relates  to  the  filling  of  vacan- 
cies, the  following  be  proposed  as  an  amendment  to  the  Constitution, 
which  shall  be  valid  to  all  intents  and  purposes  as  part  of  the  Con- 
stitution when  ratified  by  the  legislatures  of  three-fourths  of  the 
states : 

''The  senate  of  the  United  States  shall  be  composed  of  two  sen- 
ators from  each  state,  elected  by  the  people  thereof,  for  six  years ;  and 
each  senator  shall  have  one  vote.  The  electors  of  each  state  shall  have 
the  qualifications  requisite  for  electors  of  the  most  numerous  branch 
of  the  state  legislatures. 

"When  vacancies  happen  in  the  representation  of  any  state  in 
the  senate,  the  executive  authority  of  such  state  shall  issue  writs  of 
election  to  fill  such  vacancies :  Providedy  that  the  legislature  of  any 
state  may  empower  the  executive  thereof  to  make  temporary  appoint- 
ments until  the  people  fill  the  vacancies  by  election  as  the  legislature 
may  direct. 

"This  amendment  shall  not  be  so  construed  as  to  affect  the  elec- 
tion or  term  of  any  senator  chosen  before  it  becomes  valid  as  part  of 
the  Constitution."    Now,  therefore,  be  it 

Resolved  by  the  house  of  representatives,  the  senate  concurring 
therein,  that  the  legislature  of  the  state  of  ^lissouri  does  hereby  ap- 


222 


ELECTION   LAWS. 


prove  and  ratify  the  foregoing  proposed  amendment  and  hereby  gives 
its  assent  thereto,  to  the  end  that  the  same  may  become  valid  to  all 
intents  and  purposes  as  a  part  of  the  Constitution  of  the  United  States ;. 
and  be  it  further 

Resolved,  that  a  duly  attested  copy  of  this  resolution,  together 
with  the  proper  evidence  of  its  adoption,  be  transmitted  by  the  secre- 
tary of  state  of  the  state  of  Missouri  to  the  president  of  the  senate^ 
the  speaker  of  the  house  of  representatives  and  the  secretary  of  state 
of  the  United  States  at  Washington,  D.  C.     (Laws  1913,  p.  785.) 

(The  above  has  been  ratified  by  the  legislatures  of  over  three-fourths  of  the  states  and 
is  now  a  part  of  the  Constitution  of  the  United  States.) 


CHAPTER    59. 
INITIATIVE   AND   REFERENDUM. 


certify     to    county 


SECTION 

6752.  Secretary     to 
clerks,  how. 

6753.  Voting   on    initiative   and   referen- 
dum subjects — how  done. 

6754.  Votes,  how  counted  and  canvassed. 

6755.  Who  may  si&n  petitions. 

6756.  Term  county  clerks  to  include  city 
election  boards. 


SECTION 

6747.  Form  of  petition  to  refer. 

6748.  Form  of  petition  to  initiate. 

6749.  Verification  of  petition  sheets. 

6750.  Secretary  of  state  to  file  petitions, 

when — may      be       mandamused, 
when. 

6751.  Duties   of   secretary   of   state  and 

attorney-general  relating  to  pe- 
titions. 

Sec.  6747.  Farm  of  petition  to  refer. — The  following  shall  be  sub- 
stantially the  form  of  petition  for  the  referendum  to  the  people  on 
any  act  passed  by  the  general  assembly  of  the  state  of  Missouri : 

WARNING. 

It  is  a  felony  for  any  one  to  sigrn  any  initiative  or  referendum  petition  with  any 
name  other  than  his  own,  or  to  knowingly  sign  his  name  more  than  once  for  the  same 
measure,  or  to  sign  such  petition  when  he  is  not  a  legal  voter. 

PETITION  FOR  REFERENDUM. 

To  the  Honorable Secretary  of  State  for  the  State  of  Missouri: 

We,  the  undersigned,  citizens  and  legal  voters  of  the  State  of  Missouri   (and  the 

county  of ),  respectfully  order  that  the  senate   (or  house)   bill  No 

entitled  (title  of  act),  passed  by  the general  assembly  of  the  state  of  Missouri, 

at  regular   (special)    session  of  said  general  assembly,  shall  be  referred  to  the  people 
of  the  state,   for  their  approval  or  rejection,   at  the  regular    (special)    election  to  bo 

held  on  the day  of A.  D.  19..,  and  each  for  himself  says:     I  have  personally 

signed  this  petition ;  I  am  a  legal  voter  of  the  state  of  Missouri  and  county  of ; 

my   residence  and   postoffice  are  correctly  written  after  my  name. 

Name ,         Residence Postoflace 

(If  in  a  city,  street  and  number.) 
(Here   follow   numbered  lines   for  signatures.) 

(Laws  1909,  p.  554.) 

Sec.  6748.  Form  of  petition  to  initiate. — The  following  shall  be 
substantially  the  form  of  petition  for  any  law  or  amendment  to  the 
Constitution  of  the  state  of  Missouri,  proposed  by  the  initiative: 

WARNING. 

It  is  a  felony  for  any  one  to  sigm  any  initiative  or  referendum  petition  with  any 
name  other  than  his  own,  or  to  knowingly  sign  his  name  more  than  once  for  the  meas- 
ure, or  to  sign  such  petition  when  he  is  not  a  legal  voter. 


INITIATIVE   AND    REFERENDUM.  223 


INITIATIVB  PETITION. 

To  the  Honorable secretary  of  state  for  the  state  of  Missouri: 

We,  the  undersigned,  citizens  and  legal  voters  of  the  state  of  Missouri,  and  of 
the  county  of ,  respectfully  demand  that  the  following  proposed  law  (or  amend- 
ment to  the  Constitution,  as  the  case  may  be),  shall  be  submitted  to  the  legal  voters 
of  the  state  of  Missouri,   for  their  approval  or  rejection,  at  the  regular  general  (special) 

election  to  be  held  on  the   day  of   A.  D.   19 and  each  for  himself 

says :     I  have  personally  signed  this  petition ;   I  am  a  legal  voter  of  the  state  of  Mis- 
souri and  of  the  county  of ;  my  residence  and  postoflSce  are  correctly  written 

after  my  name: 

Name Residence Postoffice 

(If  in  a  city,  street  and  number.) 
(Here  follow  numbered  lines  for  signatures.) 

Every  such  sheet  for  petitioners'  signatures  shall  be  attached  to  a 
full  and  correct  copy  of  the  title  and  text  of  the  measure  so  proposed 
by  the  initiative  petition ;  but  such  petition  may  be  filed  with  the  sec- 
retary of  state  in  numbered  sections,  for  convenience  in  handling,  and 
referendum  petitions  shall  be  attached  to  a  full  and  correct  copy  of 
the  measure  on  which  the  referendum  is  demanded,  and  may  be  filed 
in  numbered  sections  in  like  manner:  Provided,  that  the  minimum 
number  of  petitioners  to  either  an  initiative  or  referendum  petition, 
when  filed  with  the  secretary  of  state,  shall  be  five  per  cent,  of  the 
legal  voters  in  each  of  at  least  two-thirds  of  the  congressional  districts 
in  the  state.  When  any  such  initiative  or  referendum  petition  shall 
be  offered  for  filing,  the  secretary  of  state,  in  the  presence  of  the 
governor  and  the  person  offering  the  same  for  filing,  shall  detach  the 
sheet  containing  the  signatures  and  affidavits,  and  cause  them  all  to  be 
attached  to  one  or  more  printed  copies  of  the  measure  so  proposed  by 
initiative  or  referendum  petition;  the  detached  copies  of  such  measure 
shall  be  delivered  to  the  person  offering  the  same  for  filing.  If  any 
such  measure  shall,  at  the  ensuing  election,  be  approved  by  the  peo- 
ple, then  the  copies  thereof  so  preserved,  with  the  sheets  and  signatures 
and  affidavits,  and  a  certified  copy  of  the  governor's  proclamation, 
declaring  the  same  to  have  been  approved  by  the  people,  shall  be 
bound  together  in  such  form  that  they  may  be  conveniently  identified 
and  preserved.  The  secretary  of  state  shall  cause  every  such  measure 
so  approved  by  the  people  to  be  printed  with  the  general  laws  enacted 
by  the  next  ensuing  session  of  the  general  assembly,  with  the  date  of 
the  governor's  proclamation  declaring  the  same  to  have  been  approved 
by  the  people.     (Laws  1909,  p.  554.) 

Sec.  6749.  Verification  of  petition  sheets. — ^Each  and  every  sheet 
of  every  such  petition  containing  signatures  shall  be  verified  in  sub- 
stantially the  following  form  by  the  person  who  circulated  said  sheet 
of  said  petition,  by  his  or  her  affidavit  thereon  and  as  part  thereof: 


state   of  Missouri, 


County   of. 


\ 


I,   being  first  duly  sworn,  say   (here  shall  be  legibly  written  or  type- 

irritten  the  name  of  the  signers  of  the  sheet),  signed  this  sheet  of  the  foregoing  pe- 
tition, and  each  of  them  signed  his  name  thereto  in  my  presence;  I  believe  that  each 


224  ELECTION  LAWS. 

has  stated  his  name,  postoffice  address  and  residence  correctly,  and  that  each  signer 

is  a  legal  voter  of  the  state  of  Missouri  and  county  of 

(Signatures  and  postoffice  address  of  affiant.) 

Subscribed  and  sworn  to  before  me  this day  of A.  D.  19.... 

(Signature  and  title  of  officer  before  whom  oath  is  made  and  his  postoffice  address.) 


1 


The  forms  herein  given  are  not  mandatory,  and  if  substantially 
followed  in  any  petition  it  shall  be  sufficient,  disregarding  clerical  and 
merely  technical  errors.     (Laws  1909,  p.  554.) 

Sec.  6750.  Secretary  of  state  to  file  petitions,  when — may  be  man- 
dajnused,  when. — If  the  secretary  of  state  shall  refuse  to  accept  and 
file  any  petitions  for  the  initiative  or  for  the  referendum,  any  citizen 
may  apply,  within  ten  days  after  such  refusal,  to  the  circuit  court  for 
a  writ  of  mandamus  to  compel  him  to  do  so.  If  it  shall  be  decided  by 
the  court  that  such  petition  is  legally  sufficient,  the  secretary  of  state 
shall  then  file  it,  with  a  certified  copy  of  the  judgment  attached  there- 
to, as  of  the  date  on  which  it  was  originally  offered  for  filing  in  his 
office.  On  showing  that  any  petition  filed  is  not  legally  sufficient,  the 
court  may  enjoin  the  secretary  of  state  and  all  other  officers  from  cer- 
tifying or  printing  on  the  official  ballot  for  the  ensuing  election  the 
ballot  title  and  numbers  of  such  measure.  All  such  suits  shall  be  ad- 
vanced on  the  court  docket  and  heard  and  decided  by  the  court  as 
quickly  as  possible.  Either  party  may  appeal  to  the  supreme  court 
within  ten  days  after  a  decision  is  rendered.  The  circuit  court  of 
Cole  county  shall  have  jurisdiction  in  all  such  cases.  (Laws  1909,  p. 
554.) 

Sec.  6751.  Duties  of  secretary  of  state  and  attorney-general  re- 
lating to  petitions. — When  any  measure  shall  be  filed  with  the  secre- 
tary of  state,  to  be  referred  to  the  people  thereof  by  the  referendum 
petition,  and  when  any  measure  shall  be  proposed  by  the  initiative 
petition,  the  secretary  of  state  shall  forthwith  transmit  to  the  at- 
torney-general of  the  state  a  copy  thereof,  and  within  ten  days  there- 
after the  attorney-general  shall  provide  and  return  to  the  secretary 
of  state  a  ballot  title  for  said  measure.  The  ballot  title  may  be  dis- 
tinct  from  the  legislative  title  of  the  measure,  and  shall  express,  in  not 
exceeding  one  hundred  words,  the  purpose  of  the  measure.  The  ballot 
title  shall  be  printed  with  the  number  of  the  measure  on  the  official 
ballot.  In  making  such  ballot  title  the  attorney-general  shall,  to 
the  best  of  his  ability,  give  a  true  and  impartial  statement  of  the 
purpose  of  the  measure,  and  in  such  language  that  the  ballot  title  shall 
not  be  intentionally  an  argument  likely  to  create  prejudice  either 
for  or  against  the  measure.  Any  person  who  is  dissatisfied  with  the 
ballot  title  provided  by  the  attorney-general  for  any  measure  may 
appeal  from  his  decision  to  the  circuit  court,  as  provided  by  section 
6750,  by  petition,  praying  for  a  different  title,  and  setting  forth  the 
reasons  why  the  title  prepared  by  the  attorney-general  is  insufficient 
or  unfair.  No  appeal  shall  be  allowed  from  the  decision  of  the  attor- 
ney-general on  a  ballot  title  unless  the  same  is  taken  within  ten  days 
after  said  decision  is  filed.  A  copy  of  every  such  decision  shall  be 
served  by  the  secretary  of  state  or  the  clerk  of  the  court,  upon  the 
person  offering  or  filing  such  initiative  or  referendum  petition  or  ap- 


INITIATIVE  AND   REFERENDUM.  225 

peal.  Service  of  such  decision  may  be  by  mail  or  telegram,  and  shall 
be  made  forthwith.  Said  circuit  court  shall  thereupon  examine  said 
measure,  hear  arguments,  and  in  its  decision  thereon  certify  to  the 
secretary  of  state  a  ballot  title  for  the  measure  in  accord  with  the 
intent  of  this  section.  The  decision  of  the  circuit  court  shall  be  final. 
The  secretary  of  state  shall  print  on  the  official  ballot  the  title  thus 
certified  to  him.     (Laws  1909,  p.  554.) 

Sec.  6752.  Secretary  to  certify  to  county  clerks,  how. — The  secre- 
tary of  state,  at  the  time  he  furnishes  to  the  county  clerks  of  the 
several  counties  certified  copies  of  the  names  of  the  candidates  of  state 
and  county  offices,  shall  furnish  to  each  of  said  county  clerks  his  cer- 
tified copy  of  the  ballot  title  and  numbers  of  the  several  measures  to 
be  voted  upon  at  the  coming  general  election,  and  he  shall  use  for 
each  measure  the  ballot  title  designated  in  the  manner  herein  provided. 
Such  ballot  title  shall  in  no  case  exceed  one  hundred  words,  and  shall 
not  resemble,  so  far  as  probably  to  create  confusion,  any  such  title 
previously  filed  for  any  measure  to  be  submitted  at  that  election;  he 
shall  number  such  measures,  and  such  ballot  titles  shall  be  printed 
on  the  official  ballot  in  the  order  in  which  the  acts  referred  by  the 
general  assembly  and  petitions  by  the  people  shall  be  filed  in  his 
office.  It  shall  be  the  duty  of  the  several  county  clerks  to  print  said 
ballot  title  and  numbers  upon  the  official  ballot  in  the  order  presented 
to  them  by  the  secretary  of  state  and  the  relative  position  required 
by  law.  Measures  referred  by  petition  shall  be  designated  **  Referen- 
dum ordered  by  the  petition  of  the  people;*'  measures  proposed  by  in- 
itiative petitions  shall  be  designated  and  distinguished  on  the  ballot 
by  the  heading  *' Proposed  by  initiative  petition.'*  (Laws  1909, 
p.  554.) 

Sec.  6753.  Voting  on  initiative  and  referendum  subjects,  how 
done. — The  manner  of  voting  upon  the  measures  submitted  to  the 
people  shall  be  the  same  as  is  now  or  may  be  required  and  provided 
by  law;  no  measure  shall  be  adopted  unless  it  shall  receive  an  affirma- 
tive majority  of  the  total  number  of  respective  votes  cast  on  such 
measures  and  entitled  to  be  counted  under  the  provisions  of  this  chap- 
ter. If  two  or  more  conflicting  laws  shall  be  approved  by  the  people 
at  the  same  election,  the  law  receiving  the  greatest  number  of  affirma- 
tive votes  shall  be  paramount  in  all  particulars  as  to  which  there  is  a 
conflict,  even  though  such  law  may  not  have  received  the  greatest  ma- 
jority of  affirmative  votes.  If  two  or  more  conflicting  amendments  to 
the  Constitution  shall  be  approved  by  the  people  at  the  same  election, 
the  amendment  which  receives  the  greatest  number  of  affirmative  votes 
shall  be  paramount  in  all  particulars  as  to  which  there  is  a  conflict, 
even  though  such  amendment  may  not  have  received  the  greatest  ma- 
jority of  affirmative  votes.     (Laws  1909,  p.  554.) 

Sec.  6754.  Votes,  how  counted  and  canvassed. — The  votes  on 
measures  and  questions  shall  be  counted,  canvassed  and  returned  by 
the  regular  boards  of  judges,  clerks  and  officers  as  votes  for  candidates 
are  counted,  canvassed  and  returned,  and  the  abstract  made  by  the 

E  1^15 


226  ELECTION   LAWS. 

several  county  clerks  of  votes  on  measures  shall  be  returned  to  the 
secretary  of  state  on  separate  abstract  sheets,  in  the  manner  provided 
for  abstract  of  votes  for  state  and  county  officers.  It  shall  be  the- 
duty  of  the  secretary  of  state,  in  the  presence  of  the  governor,  to  pro- 
ceed within  thirty  days  after  the  election,  and  sooner  if  the  returns- 
be  all  received,  to  canvass  the  votes  given  for  each  measure;  and  the 
governor  shall  forthwith  issue  his  proclamation,  giving  the  whole- 
number  of  votes  cast  in  the  state  for  and  against  each  measure  and 
question,  and  declaring  such  measures  as  are  approved  by  majority 
of  those  voting  thereon  to  be  in  full  force  and  effect  as  the  law  of  the- 
state  of  Missouri  from  the  date  of  said  proclamation :  Provided,  that 
if  two  or  more  measures  shall  be  approved  at  said  election  which  are 
known  to  conflict  with  each  other  or  to  contain  conflicting  provisions,, 
he  shall  also  proclaim  which  is  paramount  in  accordance  with  the  pro- 
visions of  section  6753.     (Laws  1909,  p.  554.) 

Sec.  6755.  Who  may  sign  petitions. — Every  person  who  is  a  quali- 
fied elector  of  the  state  of  Missouri  may  sign  a  petition  for  the  refer- 
endum or  for  the  initiative  of  any  measure  on  which  he  is  legally  en- 
titled to  vote.  Any  person  signing  any  name  other  than  his  own 
to  any  petition,  or  knowingly  signing  his  name  more  than  once  for 
the  same  measure  at  one  election,  or  who  is  not  at  the  time  of  signing 
the  same  a  legal  voter  of  this  state,  or  any  officer  or  person  willfully 
violating  any  provision  of  this  chapter,  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  not  exceeding  five  hundred  dollars  or  by  im- 
prisonment in  the  penitentiary  not  exceeding  two  years,  or  by  both 
such  fine  and  imprisonment.     (Laws  1909,  p.  554.) 

Sec.  6756.  Term  county  clerks  to  include  city  election  boards. — 
That  the  term  ''county  clerks"  in  this  chapter  shall  be  construed  to- 
include  the  board  of  election  commissioners  for  the  city  of  St.  Louis 
and  like  board  or  similar  officer  or  officers  in  any  other  city  in  this 
state,  so  far  as  the  same  relates  to  any  act  or  duty  required  to  be  per- 
formed in  said  city  like  to  that  required  of  or  with  such  county  clerks 
in  this  chapter  in  the  respective  counties  in  this  state.  (Laws  1909^ 
p.  544.) 


CHAPTER   63— ARTICLE   I. 

INTOXICATING  LIQUORS. 

Sec.  7216.  Not  to  sell  on  Sunday  or  election  day. — Any  person 
having  a  license  as  a  dramshop  keeper,  who  shall  keep  open  such 
dramshop,  or  shall  sell,  give  away,  or  otherwise  dispose  of,  or  suffer 
the  same  to  be  done,  upon  or  about  his  premises,  any  intoxicating 
liquors,  in  any  quantities,  on  the  first  day  of  the  week,  commonly 
called  Sunday,  or  upon  the  day  of  any  general  election  in  this  state,. 
or  upon  any  county,  city,  town  or  municipal  election  day,  or  upon 
any  county,  city,  town  or  municipal  primary  election  day,  when  said 
primary  shall  have  been  ordered  by  the  legally  constituted  authority  or 
authorities  of  any  political  party  in  such  county,  city,  town  or  munici- 


INTOXICATING  LIQUORS — LOCAL   OPTION. 


227 


pality:  Provided,  that  such  political  party  shall  have  cast  as  much  as 
twenty  per  cent,  of  the  total  vote  cast  at  the  preceding  general  election 
in  said  county,  city,  town  or  municipality,  or  between  the  hours  of  one 
o'clock  a.  m.  and  five  o'clock  a.  m.,  shall,  upon  conviction  thereof,  be  pun- 
ished by  a  fine  not  less  than  fifty  nor  more  than  two  hundred  dollars^ 
shall  forfeit  such  license,  and  shall  not  again  be  allowed  to  obtain  a 
license  to  keep  a  dramshop  for  the  term  of  two  years  next  thereafter.  (R^ 
S.  1899,  §  3011,  amended.  Laws  1907,  p.  253,  Laws  1909,  p.  469.) 

Sec.  7217.  Mayor  may  have  dramshops  closed. — The  mayor  or 
chief  magistrate  of  any  town  or  city  in  this  state  may,  by  proclamation^ 
cause  all  drinking  shops,  bars  and  other  places  where  intoxicating  liquors 
or  drinks  are  customarily  sold,  given  or  dispensed,  to  be  closed  for  any 
period  of  time  not  exceeding  thirty-six  hours,  upon  any  election  for  offi- 
cers of  the  city,  town,  state,  county  or  of  the  United  States ;  and  may 
also,  by  proclamation,  forbid  all  persons  to  sell,  give,  lend,  barter  or 
otherwise  dispense  or  distribute  intoxicating  drinks  or  liquors  during  the 
same  period  of  time  within  such  town  or  city,  or  within  one  mile  of  its 
corporate  limits ;  and  any  person  disobeying  such  proclamation,  and  each 
and  every  person  aiding,  abetting  or  co-operating  with  him,  shall  be 
deemed  guilty  of  a  misdemeanor.     (R.  S.  1899,  §  2149.) 


CHAPTER  63— ARTICLE  IH. 

Sections  7238  to  7244  inclusive  here  given  are  repealed  by  House  BUI  19,  Laws  191», 
p.  388;  Providing  House  Bill  19  Is  approved  by  tbe  voters  at  tbe  general  elec- 
Uon  In  November,  1914. 

LOCAL   OPTION. 


SECTION 
7238.    Election     to     determine     whether 
liquors  shall  be  sold  in  county. 


7239. 


Same   In   cities  of   2,500    or  more, 
when  held. 


7240.  Notice  of  election,  how  given. 

7241.  Form  of  ballot. 


SECTION 

7242.  If  majority  for  sale,  existing  law» 

to  remain  in  force — If  against, 
notice  to  be  given — act  in  force, 
how  contested. 

7243.  If    against,     sale    of    intoxicating 

liquors  prohibited. 

7244.  Question  determined,  not  to  be  sub- 

mitted for  four  years. 


Sec.  7238.  Election  to  determine  whether  liquors  shall  be  sold  in 
county. — Upon  application  by  petition,  signed  by  one-tenth  of  the 
qualified  voters  of  any  county  who  shall  reside  outside  of  the  corpo- 
rate limits  of  any  city  or  town  having,  at  the  time  of  such  petition,  a 
population  of  twenty-five  hundred  inhabitants  or  more,  who  are  quali- 
fied to  vote  for  members  of  the  legislature,  in  any  county  in  this  state, 
the  county  court  of  such  county  shall  order  an  election  to  be  held  in 
such  county  at  the  usual  voting  precincts  for  holding  any  general  elec- 
tion for  state  officers,  to  take  place  within  forty  days  after  the  recep- 
tion of  such  petition,  to  determine  whether  or  not  spirituous  and  in- 
toxicating liquors,  including  wine  and  beer,  shall  be  sold  within  the 
limits  of  such  county  lying  outside  of  such  corporate  limits  of  such 
city  or  town.  Such  election  shall  be  conducted,  the  returns  thereof 
made  and  the  result  thereof  ascertained  and  determined  in  accord- 


228  ELECTION    LAWS. 

ance  in  all  respects  with  the  laws  of  this  state  governing  general  elec- 
tions for  county  officers,  and  the  result  thereof  shall  be  entered  upott 
the  records  of  such  county  court,  and  the  expenses  of  such  election 
shall  be  paid  out  of  the  county  treasury,  as  in  case  of  elections  for 
county  officers:  Provided,  that  at  an  election  ordered  under  the  pro- 
visions of  this  section,  no  one  shall  be  entitled  to  vote  who  is  a  resident 
of  any  incorporated  town  having  a  population  of  twenty-five  hundred 
inhabitants  or  more,  or  who  is  not  a  qualified  voter  of  such  county: 
Provided,  that  no  such  election,  held  under  the  provisions  of  this  ar- 
ticle, shall  take  place  on  any  general  election  day,  or  within  sixty  days 
of  any  general  election  held  under  the  Constitution  and  laws  of  this 
state,  so  that  elections  as  are  held  under  this  article  shall  be  special 
elections,  and  shall  be  separate  and  distinct  from  any  other  election 
whatever:  Provided,  further,  that  the  county  court  shall  determine 
the  sufficiency  of  the  petition  presented  by  the  poll  books  of  the  last 
previous  general  election.     (R.  S.  1899,  §  3027.) 

Sec.  7239.  Same  in  cities  of  2,500  or  more,  when  held.— Upon  ap- 
plication by  petition  therefor,  signed  by  one-tenth  of  the  qualified 
voters  of  any  incorporated  city  or  town  in  this  state  having  a  popula- 
tion of  twenty-five  hundred  inhabitants  or  more,  to  the  body  having 
legislative  functions  therein,  such  body  shall  order  an  election  to  be 
held  in  such  city,  to  be  voted  at  by  the  qualified  voters  thereof,  and  no 
others,  to  determine  whether  or  not  spirituous  or  intoxicating  liquors 
shall  be  sold  within  the  limits  of  such  city  or  town.  Such  election 
shall  be  held  within  forty  days  after  the  receipt  of  such  petition,  but 
not  within  sixty  days  of  any  municipal  or  state  election  held  in  such 
city;  and  shall  be  conducted,  the  returns  thereof  made  and  the  result 
thereof  ascertained  and  determined  in  accordance,  in  all  respects,  with 
the  laws  and  ordinances  governing  municipal  elections  in  such  city, 
and  frauds  perpetrated,  and  fraudulent  voting,  at  such  elections  shall 
be  offenses  as  prescribed  for  frauds  and  fraudulent  voting  at  general 
elections  held  under  the  laws  of  this  state,  and  shall  be  punished  as 
in  such  laws  provided.  The  result  of  such  election  shall  be  entered 
upon  the  journals  or  records  of  the  body  ordering  the  same,  and  the 
expenses  thereof  shall  be  paid  out  of  the  treasury  of  said  town  in  the 
same  manner  as  the  expenses  of  other  municipal  elections :  Provided, 
that  for  the  purpose  of  determining  the  fact  of  whether  or  not  any 
town  shall  be  governed  by  the  provisions  of  this  section,  such  body 
having  legislative  functions  therein  may,  under  an  ordinance  thereof, 
take  a  census  of  the  inhabitants  of  such  town,  and  the  result  of  such 
census  shall  be  entered  upon  the  journals  or  records  thereof,  and  such 
entry,  or  a  certified  copy  thereof,  shall  be  proof  of  such  fact,  and  shall 
be  filed  with  the  clerk  of  the  county  court  of  the  county  in  which  such 
town  is  situated.     (R.  S.  1899,  §  3028.) 

Sec.  7240.  Notice  of  election,  how  given. — Notice  of  such  election 
shall  be  given  by  publication  in  some  newspaper  published  in  the 
county,  and  such  notice  shall  be  published  in  such  newspaper  for  four 
consecutive  weeks,  and  the  last  insertion  shall  be  within  ten  days  next 
before  such  election,  and  such  other  notice  may  be  given  as  the  county 


LOCAL  OPTION.  229 

court  or  municipal  body  ordering  such  election  may  think  proper,  in 
order  to  give  general  publicity  to  the  election.     (R.  S.  1899,  §  3029.) 

Sec.  7241.  Form  of  ballot. — All  persons  voting  at  any  election 
held  under  the  provisions  of  this  article,  who  are  against  the  sale  of 
intoxicating  liquors,  shall  have  written  or  printed  on  their  baUots, 
*' against  the  sale  of  intoxicating  liquors,*'  and  all  those  who  are  in 
favor  of  the  sale  of  such  intoxicating  liquors  shall  have  written  or 
printed  on  their  ballots,  "for  the  sale  of  intoxicating  liquors:'* 
Provided,  that  if  the  county  court  or  municipal  body  ordering  such 
election  deem  it  expedient,  they  may  order  that  both  the  above  sen- 
tences may  be  written  or  printed  on  the  tickets  to  be  used  and  voted 
at  said  election,  with  the  further  instruction  printed  on  such  tickets 
or  ballots— ''erase  the  clause  you  do  not  want."    (R.  S.  1899,  §  3030.) 

Sec.  7242.  If  majority  for  sale,  existing  laws  to  remain  in  force — 
if  against,  notice  to  be  given — act  in  force,  how  contested. — If  a  ma- 
jority of  the  votes  cast  at  such  election  be  "for  the  sale  of  intoxicat- 
ing liquors,"  such  intoxicating  liquors  may  be  sold  under  the  provisions 
of  existing  laws  regulating  the  sale  thereof  and  the  procuring  of  license 
for  that  purpose;  and  if  a  majority  of  the  votes  cast  at  such  election 
be  "against  the  sale  of  intoxicating  liquors,"  the  county  court  or 
municipal  body  ordering  such  election  shall  publish  the  result  of  such 
election  once  a  week  for  four  consecutive  weeks  in  the  same  news- 
paper in  which  the  notice  of  election  was  published;  and  the  provi- 
sions of  this  article  shall  take  effect  and  be  in  force  from  and  after 
the  date  of  the  last  insertion  of  the  publication  last  above  referred  to ; 
and  provided  further,  that  no  license  to  sell  intoxicating  liquors  of 
any  description  prohibited  by  this  article  shall  be  granted  during  the 
time  of  publication  last  above  mentioned;  and  provided  further y  that 
this  article  shall  not  be  so  construed  as  to  interfere  with  any  license 
issued  before  the  day  of  such  election,  but  such  license  may  run  until 
the  day  of  its  expiration,  and  shall  not  be  renewed.  The  election  in 
this  article  provided  for,  and  the  result  thereof,  may  be  contested  in 
the  same  manner  as  is  now  provided  by  law  for  the  contest  of  the  elec- 
tions of  county  officers  in  this  state  by  any  qualified  voter  of  the  munic- 
ipal body  or  of  the  county  in  which  said  local  option  election  shall  be 
held  by  an  action  to  contest  as  herein  provided,  and  which  shall  be 
brought  against  the  municipal  body  or  the  county  holding  said  elec- 
tion.    (R.  S.  1899,  §  3031,  amended.  Laws  1909,  p.  470.) 

Sec.  7243.  If  against,  sale  of  intoxicating  liquors  prohibited. — ^If 
a  majority  of  the  votes  cast  at  any  election  held  under  the  provisions 
of  this  article  shall  be  "against  the  sale  of  intoxicating  liquors,"  it 
shall  not  be  lawful  for  any  person  within  the  limits  of  such  county 
(lying  outside  of  the  corporate  limits  of  any  city  or  town  having,  at 
the  date  of  such  order  of  election,  a  population  of  twenty-five  hundred 
inhabitants  or  more)  or  city,  as  the  case  may  be,  to  directly  or  indi- 
rectly sell,  give  away  or  barter  in  any  manner  whatever,  any  kind  of 
intoxicating  liquors  or  beverage  containing  alcohol,  in  any  quantity 
whatever,  under  the  penalties  hereinafter  prescribed.  (R.  S.  1899,  | 
3032.) 


230 


ELECTION   LAWS. 


Sec.  7244.  Question  determined,  not  to  be  submitted  for  four 
years. — Whenever  the  election  in  this  article  provided  for  has  been 
held,  and  decided  either  for  or  against  the  sale  of  intoxicating  liquors, 
then  the  question  shall  not  be  again  submitted  within  four  years  next 
thereafter  in  the  same  county  or  city,  as  the  case  may  be,  and  then 
only  a  new  petition  and  in  every  respect  conforming  to  the  provisions 
of  this  article.     (R.  S.  1899,  §  3033.) 


noose  Bill  No.  19  Laws  1913,  p.  388.  given  below  has  been  referred  by  the  hiing  of 
referendum  petitions  to  the  voters  at  the  general  election  In  November  1914. 

tH.  B.  19.] 

INTOXICATING  LIQUORS: 


Local  Option — Election  as  a  County 
Unit. 


AN  ACT  to  amend  sections  7238,  7240,  7241,  7242,  7243  and  7244  of  article  III,  of  cliapter  63 
of  the  Revised  Statutes  of  Missouri  for  the  year  1909,  entitled  "Local  option,"  and 
to  repeal   section  7239  of  said  article,  with  an  emergency  clause. 


SECTION 


Election  to  determine  whether  in- 
toxicating liquors  shall  be  sold  in 
county— how  held— qualifications  of 
judges. 

Repealing  section  7239. 

Notice    of   election,    how   given. 

Form  of  ballot. 


SECTION 

5.  Election— result   of   to   be   published— 

license  not  granted,   when— may  be 
contested — how. 

6.  Intoxicating    liquors— not    to    be    sold 

or    given    away,    when. 

7.  Question  may  be   resubmitted,   when. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri  as  follows: 

Section  1.  Election  to  determine  whether  intoxicating  liquors 
shall  be  sold  in  county — how  held — qualifications  of  judges. — That 
section  7238  of  article  III  of  chapter  63  of  the  Revised  Statutes  of 
Missouri  for  the  year  1909  be  amended  by  striking  out  the  words 
*'who  shall  reside  outside  the  corporate  limits  of  any  city  or  town 
having,  at  the  time  of  such  petition,  a  population  of  2,500  inhabitants 
or  more"  in  the  second,  third  and  fourth  lines  of  said  section  and  by 
adding  in  the  ninth  line  of  said  section  between  the  word  "sold"  and 
the  word  ''within"  the  words  "furnished  or  given  away;"  and  by 
striking  out  the  words  "lying  outside  of  such  corporate  limits  of  such 
city  or  town"  in  the  tenth  and  eleventh  lines  of  said  section;  and  by 
striking  out  the  words  "who  is  a  resident  of  any  incorporated  town 
having  a  population  of  2,500  inhabitants  or  more,  or"  in  the  seven- 
teenth, eighteenth  and  uineteenth  lines  of  said  section  and  by  adding 
to  said  section  the  words:  ^'Provided  further,  that  one-half  of  the 
judges  in  each  precinct  shall  be  for  the  sale  of  intoxicating  liquors, 
and  one-half  of  said  judges  against  the  sale  of  intoxicating  liquors," 
so  as  amended  said  section  shall  read  as  follows :  Section  7238.  Upon 
application  by  petition  signed  by  one-tenth  of  the  qualified  voters  of 
.any  county,  who  are  qualified  to  vote  for  members  of  the  legislature  in 
;any  county  of  this  state,  the  county  court  of  such  county  shall  order 
an  election  to  be  held  in  such  county  at  the  usual  voting  precincts 
for  holding  any  general  election  for  state  officers,  to  take  place  within 


LOCAL  OPTION.  231 

forty  days  after  the  receipt  of  such  petition,  to  determine  whether  or 
not  spirituous  and  intoxicating  liquors,  including  wine  and  beer,  shall 
"be  sold,  furnished  or  given  away,  within  the  limits  of  such  county. 
Such  election  shall  be  conducted,  the  returns  thereof  made  and  the 
results  thereof  ascertained  and  determined,  in  accordance  in  all  re- 
spects with  the  laws  of  this  state  governing  general  elections  for 
<30unty  officers,  and  the  result  thereof  shall  be  entered  upon  the 
records  of  such  county  court,  and  the  expenses  of  such  election  shall 
be  paid  out  of  the  county  treasury  as  in  the  case  of  elections  for 
county  officers:  Provided,  that  at  an  election  ordered  under  the  pro- 
visions of  this  section,  no  one  shall  be  entitled  to  vote  who  is  not  a 
qualified  voter  of  such  county:  Provided,  that  no  such  election,  held 
under  the  provisions  of  this  article,  shall  take  place  on  any  general 
election  day,  or  within  sixty  days  of  any  general  election  held  under 
the  Constitution  and  laws  of  this  state,  so  that  elections  as  are  held 
under  this  article  shall  be  special  elections,  and  shall  be  separate  and 
distinct  from  any  other  election  whatever:  Provided,  further,  that 
the  county  court  shall  determine  the  sufficiency  of  the  petition  pre- 
sented by  the  poll  books  of  the  last  previous  general  election:  Pro- 
vided further,  that  one-half  of  the  judges  in  each  precinct  shall  be  for 
the  sale  of  intoxicating  liquors  and  one-half  of  said  judges  against 
the  sale  of  intoxicating  liquors.     (Laws  1913,  p.  389.) 

Sec.  2.  Repealing  section  7239.— That  section  7239  of  article  III 
of  chapter  63  of  the  Revised  Statutes  of  Missouri  for  the  year  1909 
be  and  the  same  is  hereby  repealed.     (Laws  1913,  p.  389.) 

Sec.  3.  Notice  of  election,  how  given. — That  section  7240  of  ar- 
ticle III  of  chapter  63  of  the  Revised  Statutes  of  Missouri  for  the  year 
1909  be  amended  by  striking  out  the  words  ''or  municipal  body*'  in 
line  five  of  said  section,  so  that  said  section  shall  read :  Section  7240. 
Notice  of  such  election  shall  be  given  by  publication  in  some  news- 
paper published  in  the  county,  and  such  notice  shall  be  published  in 
such  newspaper  for  four  consecutive  weeks,  and  the  last  insertion 
shall  be  within  ten  days  next  before  such  election,  and  such  other 
notice  may  be  given  as  the  county  court  ordering  such  election  may 
think  proper,  in  order  to  give  general  publicity  to  the  election.  (Laws 
1913,  p.  390.) 

Sec.  4.  Form  of  ballot. — That  section  7241  of  article  III  of  chap- 
ter 63  of  the  Revised  Statutes  of  Missouri  for  the  year  1909  be 
amended  by  striking  out  the  words  "or  municipal  body"  in  the  sixth 
and  seventh  lines  of  said  section,  so  that  as  amended  said  section 
shall  read  as  follows:  Section  7241.  All  persons  voting  at  any  elec- 
tion held  under  the  provisions  of  this  article,  who  are  against  the 
sale  of  intoxicating  liquors,  shall  have  written  or  printed  on  their 
ballots,  "against  the  sale  of  intoxicating  liquors,"  and  all  those  who 
are  in  favor  of  the  sale  of  such  intoxicating  liquors  shall  have  written 
or  printed  on  their  ballots,  "for  the  sale  of  intoxicating  liquors:" 
Provided,  that  if  the  county  court  ordering  such  election  deem  it 
expedient,  they  may  order  that  both  the  above  sentences  may  be  writ- 


232  ELECTION  LAWS. 

ten  or  printed  on  the  tickets  to  be  used  and  voted  at  said  election^ 
with  the  further  instruction  printed  on  said  tickets  or  ballots,  ''erase 
the  clause  you  do  not  not  want.''  (Laws  1913,  p.  390.) 

Sec.  5.  Election — result  of  to  be  published — license  not  granted^ 
when— may  be  contested,  how.— That  section  7242  of  article  III  of 
chapter  63  of  the  Revised  Statutes  of  Missouri  for  the  yeat  1909  be 
amended  by  striking  out  the  words  ''or  municipal  body"  in  the  sixth 
line  of  said  section,  and  by  striking  out  the  words  "such  election "  in 
line  fifteen  of  said  section  and  inserting  in  lieu  thereof  the  words- 
"the  filing  of  the  petition  for  such  election,"  and  by  striking  out  the 
words,  "of  the  municipal  body  or"  in  line  nineteen  of  said  section, 
and  by  striking  out  the  words  "the  municipal  body  or"  in  line  twenty- 
one  of  said  section,  so  that  as  amended  said  section  shall  read  as  fol- 
lows :  Section  7242.  If  a  majority  of  the  votes  cast  at  such  election 
be  "for  the  sale  of  intoxicating  liquors"  such  intoxicating  liquors 
may  be  sold  under  the  provisions  of  existing  laws  regulating  the  sale 
thereof  and  the  procuring  of  license  for  that  purpose;  and  if  a  ma- 
jority of  the  votes  cast  at  such  election  be  "against  the  sale  of  in- 
toxicating liquors,"  the  county  court  ordering  such  election  shall 
publish  the  result  of  such  election  once  a  week  for  four  consecutive 
weeks  in  the  same  newspaper  in  which  the  notice  of  election  was  pub- 
lished; and  the  provisions  of  this  article  shall  take  effect  and  be  in 
force  from  and  after  the  date  of  the  last  insertion  of  the  publication 
last  above  referred  to ;  and  provided  further,  that  no  license  to  sell  in- 
toxicating liquors  of  any  description  prohibited  by  this  article,  shall 
be  granted  during  the  time  of  publication  last  above  mentioned;  and 
provided  further,  that  this  article  shall  not  be  so  construed  as  to  inter- 
fere with  any  license  issued  before  the  day  of  the  filing  of  the  petition 
for  such  election,  but  such  license  may  run  until  the  day  of  its  ex- 
piration and  shall  not  be  renewed.  The  election  in  this  article  pro- 
vided for,  and  the  result  thereof,  may  be  contested  in  the  same  man- 
ner as  is  now  provided  by  law  for  the  contest  of  the  elections  of  county 
oflBcers  in  this  state  by  any  qualified  voter  of  the  county  in  which  said 
local  option  election  shall  be  held  by  an  action  to  contest  as  herein 
provided,  and  which  shall  be  brought  against  the  county  holding  such 
election.    (Laws  1913,  p.  391.) 

Sec.  6.  Intoxicating  liquors — not  to  be  sold  or  given  away,  when. 
That  section  7243  of  article  III  of  chapter  63  of  the  Revised  Statutes 
of  Missouri  for  the  year  1909  be  amended  by  striking  out  the  words 
"lying  outside  the  corporate  limits  of  any  city  or  town  having,  at  the 
date  of  such  order  of  election,  a  population  of  2,500  inhabitants  or 
more,  or  city  as  the  case  may  be"  in  lines  four,  five,  six  and  seven,. 
so  that  when  amended  said  section  shall  read  as  follows:  Section 
7243.  If  a  majority  of  the  votes  cast  at  any  election  held  under  the 
provisions  of  this  article  shall  be  "against  the  sale  of  intoxicating 
liquors,"  it  shall  not  be  lawful  for  any  person  within  the  limits  of 
such  county  to  directly  or  indirectly  sell,  give  away  or  barter  in  any 
manner  whatever,  any  kind  of  intoxicating  liquors  or  beverage  con- 


JUSTICES  OF  THE  PEACE.  23S 

taining  alcohol,  in  any  quantity  whatever,  under  the  penalties  herein- 
after prescribed.     (Laws  1913,  p.  391.) 

Sec.  7.  Question  may  be  resubmitted,  when.— That  section  7244 
of  article  III  of  chapter  63  of  the  Revised  Statutes  of  Missouri  for 
the  year  1909  be  amended  by  striking  out  the  words  "or  city  as  the 
case  may  be"  in  the  fourth  line  of  said  section;  and  by  adding  to  said 
section  the  words:  ^'Provided,  that  in  any  county  in  which  an  elec- 
tion has  been  held  outside  of  the  corporate  limits  of  any  city  or  town 
in  such  county,  having  at  the  time  of  such  election  a  population  of 
2,500  inhabitants  or  more,  under  the  provisions  of  article  III  of  chap- 
ter 63  of  the  Revised  Statutes  of  Missouri  for  the  year  1909,  the  first 
election  under  the  provisions  of  this  article,  as  amended,  may  be  held 
at  any  time  after  four  years  from  the  date  of  the  election  held  in  such 
county  outside  of  the  corporate  limits  of  any  city  or  town  having,  at 
the  time  of  such  election,  a  population  of  twenty-five  hundred  inhab- 
itants or  more,*'  so  that  when  amended  said  section  shall  read  as  fol- 
lows: Section  7244.  Whenever  an  election  in  this  article  provided 
for  has  been  held  and  decided,  either  for  or  against  the  sale  of  in- 
toxicating liquors,  then  the  question  shall  not  be  again  submitted 
within  four  years  next  thereafter  in  the  same  county  and  then  only  on 
a  new  petition  and  in  every  respect  conforming  to  the  provisions  of 
this  article:  Provided,  that  in  any  county  in  which  an  election  has 
been  held  outside  of  the  corporate  limits  of  any  city  or  town  in  such 
county  having,  at  the  time  of  such  election,  a  population  of  2,500  in- 
habitants or  more,  under  the  provisions  of  article  III  of  chapter  63 
of  the  Revised  Statutes  of  Missouri  for  the  year  1909,  the  first  election 
under  the  provisions  of  this  article,  as  amended,  may  be  held  at  any 
time  after  four  years  from  the  date  of  the  election  held  in  such  county 
outside  of  the  corporate  limits  of  any  city  or  town  having  at  the  time 
of  such  election  a  population  of  twenty-five  hundred  inhabitants  or 
more.     (  Laws  1913,  p.  392.) 


CHAPTER  65— ARTICLE  I. 

JUSTICES  OF  THE  PEACE. 

Sec.  7367.  Shall  be  elected,  when — ^term  of  oflBce. — Justices  of  the 
peace,  as  herein  provided  for,  shall  be  elected  at  the  general  election 
to  be  held  in  eighteen  hundred  and  eighty-two,  and  shall  hold  their 
offices  for  four  years,  or  until  their  successors  are  elected,  commissioned 
and  qualified;  but  every  justice  of  the  peace  now  in  office  shall  con- 
tinue to  act  as  such  until  the  expiration  of  his  commission,  and  until 
his  successor  is  elected  and  qualified.     (R.  S.  1899,  §  3807.) 

Sec.  7371.  Election  of,  how  conducted. — The  election  of  justices 
of  the  peace  shall,  in  all  respects,  be  conducted  as  other  elections  and 
the  returns  made  as  for  other  offices.     (R.  S.  1899,  §  3811.) 

Sec.  7372.  County  court  to  decide  election  of,  when. — ^Whenever 
two  or  more  persons  shall  have  an  equal  number  of  votes  for  justices 
of  the  peace  for  any  township,  or  there  is  a  contested  election,  the  county 
court  shaU  decide  the  same.     (R.  S.  1899,  §  3812.) 


234  ELECTION  LAWS. 


CHAPTER   65— ARTICLE   IX. 

JUSTICES  AND  CONSTABLES  IN  CITIES  OF  300,000  INHABIT- 
ANTS OR  OVER. 

Sec.  7606.  Justices  and  constables  to  be  elected,  when. — ^In  all 
cities  which  now  contain  or  may  hereafter  contain  three  hundred  thou- 
sand inhabitants  or  more  there  shall  be  elected,  on  the  general  election 
day,  A.  D.  1894,  and  every  four  years  thereafter,  one  justice  of  the  peace 
and  one  constable  for  each  district  in  said  cities,  which  districts  shall  be 
determined,  fixed  and  located  as  hereinafter  provided.  (R.  S.  1899, 
§  6508.) 

Sec.  7607.  Number  of  districts. — ^For  the  first  one  hundred  thou- 
sand of  population  in  said  cities  there  shall  be  five  districts;  and  there 
shall  be  an  additional  district  for  every  additional  one  hundred  thou- 
sand, and  for  every  fractional  part  of  one  hundred  thousand  exceed- 
ing fifty  thousand  of  population.  For  the  purpose  of  this  article  the 
last  general  census  of  the  United  States  of  America  shall  be  taken  as 
the  basis  of  population.     (R.  S.  1899,  §  6509.) 

Sec.  7609.  Division  into  districts,  who  to  make. — The  judges  of 
the  probate  court,  criminal  court,  criminal  court  of  correction  and  of 
the  circuit  court,  or  a  majority  thereof,  in  all  such  cities  shall,  six 
months  prior  to  the  general  election  of  1894,  divide  their  respective 
cities  into  districts  upon  the  basis  of  population  as  fixed  by  this  article, 
and  shall  define  and  fix  the  metes  and  bounds  of  said  districts,  and  each 
of  said  districts  shall  be  entitled  to  one  justice  of  the  peace  and  one 
constable,  to  be  elected  as  provided  in  this  article.     (R.  S.  1899,  §  6511.) 


CHAPTER   72— ARTICLE   I. 

MEMBERS  OF  THE  GENERAL  ASSEMBLY. 

Sec.  8103.  Certificate  of  election  of  senator. — In  all  senatorial  dis- 
tricts, composed  of  two  or  more  counties,  the  clerks  of  all  the  counties 
shall  transmit  to  the  clerk  of  the  county  first  named  in  said  district, 
within  twelve  days  after  such  election,  a  certificate,  under  their  hands, 
of  the  number  of  votes  given  for  each  candidate  in  each  respective 
county;  and  the  clerk  of  the  county  in  which  any  candidate  resides,  if 
such  candidate  shall  produce  to  him  the  tax  collector's  receipt  for  the 
payment  of  a  state  and  county  tax  within  one  year  next  preceding  such 
election,  shall  certify  to  the  clerk  of  the  county  first  named  that  such  can- 
didate has  paid  such  tax,  as  appears  from  the  receipt  of  the  tax  collector 
of  such  county ;  and  the  clerk  of  the  county  to  which  such  return  shall 
be  made,  after  examination  of  the  same,  shall  certify  the  result  to  the 
secretary  of  state,  and  give  to  the  person  having  the  highest  number 
of  votes  a  certificate  of  his  election  mider  the  seal  of  his  office ;  and  if 
it  appears  from  the  certificate  of  the  clerk  of  the  county  in  which  such 
person  resides,  that  such  person  so  elected  has  paid  a  state  and  county 
tax  within  one  year  next  preceding  his  election,  the  clerk  of  the  county 


MEMBERS   OF   T&E   GENERAL  ASSEMBLY.  235 

to  which  such  return  is  made  shall  further  certify  that  such  person  so 
elected  has  paid  such  tax  as  appears  from  the  certificate  of  the  clerk  of 

county,  Missouri,  and  give  such  certificate  to  the  person  so  elected. 

(R.  S.  1899,  §  8382.) 

Sec.  8104.  Certificate  of  election  of  member  of  house. — When  any 
person  shaU  have  been  elected  as  a  member  of  the  house  of  representa- 
tives of  the  general  assembly  of  the  state  of  Missouri,  the  county  clerk 
of  the  county  which  such  person  was  elected  to  represent,  if  the  person 
fio  elected  shall  produce  to  him  the  tax  collector's  receipt  for  the  pay- 
ment of  a  state  and  county  tax  within  one  year  next  preceding  his  elec- 
tion, shall  include  in  the  certificate  of  election  which  he  is  required  by 
law  to  give  to  such  person  so  elected,  a  certificate  setting  forth  that 
such  person  has  paid  such  tax  as  appears  from  the  receipt  of  the  tax 
collector  of  such  county.     (R.  S.  1899,  §  8383.) 

Sec.  8108.  Governor  shall  issue  writs  of  election,  when. — When- 
ever the  governor  shall  receive  any  resignation  or  notice  of  vacancy,  or 
-when  he  shall  be  satisfied  of  the  death  of  any  member  of  either  house, 
during  the  recess,  he  shall,  without  delay,  issue  a  writ  of  election  to 
supply  such  vacancy.     (R.  S.  1899,  §  8387.) 

Sec.  8109.  Writs  of  election,  how  directed. — ^When  any  vacancy 
shall  happen  in  the  senate,  for  a  district  composed  of  more  than  one 
county,  the  writ  of  election  shall  be  directed  to  the  sheriff  of  the  county 
iirst  named  in  the  law  establishing  the  district;  and  when  such  vacancy 
shall  happen  in  a  senatorial  district,  which  shall  have  been  divided  or 
altered  after  the  general  election  next  preceding  the  occurrence  of  such 
vacancy,  the  writ  of  election  shall  be  directed  to  the  sheriff  of  the  county 
:first  named  in  such  old  district;  and  when  any  vacancy  shall  happen 
in  either  house,  for  any  county  which  shall  have  been  divided  after  the 
general  election  next  preceding  the  occurrence  of  such  vacancy,  the  writ 
of  election  shall  be  directed  to  the  sheriff  of  the  old  county.  (R.  S. 
1899,  §  8388.) 

Sec.  8110.  Duty  of  the  sheriff  on  receipt  of  writ. — The  sheriff  to 
whom  any  writ  of  election  shall  be  delivered  shall  cause  the  election 
to  supply  such  vacancy  to  be  held  within  the  limits  composing  the  county 
or  district  at  the  time  of  the  next  preceding  general  election,  and  shall 
issue  his  proclamation  or  notice  for  holding  the  election  accordingly, 
and  transmit  a  copy  thereof,  together  with  a  copy  of  the  writ,  to  the 
sheriff  of  each  of  the  counties  within  which  any  part  of  such  old  county 
or  district  may  lie,  who  shall  cause  copies  of  such  notice  to  be  put  up, 
and  the  election  to  be  held  accordingly,  in  such  parts  of  their  respective 
counties  as  composed  a  part  of  the  old  county  or  district  for  which  the 
election  is  to  be  held,  at  the  last  preceding  general  election;  and  the 
returns  shall  be  made  and  the  certificate  of  election  granted  in  all  things 
as  if  no  division  had  taken  place.     (R.  S.  1899,  §  8389.) 

Sec.  8111.  New  district  entitled  to  hold  election,  when. — When 
any  district  or  county  shall  be  so  altered  or  divided  during  the  term  for 
which  a  member  shall  be  elected,  and  the  new  district  or  county  shall 
be  authorized  to  elect  their  members  before  the  expiration  of  the  term 
of  the  former  member,  in  that  case  the  election  to  fill  the  vacancy  shall 
be  held  for  the  district  or  county  as  it  shall  remain  after  such  alteration 


236  ELECTION  LAWS. 

or  division,  and  not  as  it  was  at  the  last  preceding  general  election.     (R. 
S.  1899,  §  8390.) 

Sec.  8142.  Majority  necessary  to  a  choice  in  elections.— In  all. 
elections  made  by  either  house,  or  by  joint  vote  of  both  houses,  the 
vote  of  a  majority  of  the  members  present  shall  be  necessary  to  a 
choice.  When  such  election  shall  be  by  joint  vote,  the  president  of  the 
senate  shall  grant  the  person  elected  a  certificate,  which,  in  all  case* 
where  a  commission  is  required,  shall  be  sufficient  to  authorize  the 
granting  of  such  commission.     (R.  S.  1899,  §  8421.) 


CHAPTER  100— ARTICLE  I. 
RECORDERS  OF  DEEDS. 

Sec.  10372.  Election  or  appointment  of  recorder. — ^If  the  said  order 
shall  be  made  twelve  months  next  before  the  time  herein  provided  for 
the  election  of  recorder  aforesaid,  election  shall  be  ordered  for  the  pur- 
pose of  filling  said  office,  to  be  held  not  exceeding  forty  days  thereafter^ 
and  the  person  chosen  at  such  election  shall  hold  his  office  until  the 
next  regular  election  of  recorder,  and  until  his  successor  is  duly  quali- 
fied ;  but  if  said  order  is  made  within  twelve  months  next  before  the  time 
herein  provided  for  the  election  of  recorder,  the  governor,  on  being 
notified  by  the  county  court  of  the  fact,  shall  appoint  some  suitable  per- 
son as  recorder,  who  shall  hold  his  office  until  his  successor  is  duly 
qualified,  and  who  shall  be  entitled,  on  demand,  to  receipt  for  aU  the 
books  and  papers  pertaining  to  said  office  of  recorder,  and  the  circuit 
clerk  shall  deliver  to  him  all  books  and  papers  pertaining  to  said  office 
of  recorder.     (R.  S.  1899,  §  9080.) 

Sec.  10373.  Election.— On  the  first  Tuesday  after  the  first  Monday 
in  November,  one  thousand  eight  hundred  and  sixty-six,  and  every 
four  years  thereafter,  an  election  shall  be  held  for  the  said  office  of 
recorder,  in  each  county  of  the  state  where  the  offices  of  clerk  of  the 
circuit  court  and  recorder  of  deeds  have  been  separated,  and  the  person 
so  chosen  at  said  election  shall,  on  the  first  day  of  January  next  fol- 
lowing, enter  upon  the  duties  of  his  office,  first  giving  bond  in  the 
sum  of  not  less  than  one  thousand  nor  more  than  five  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  the  duties  of  his  office, 
with  at  least  two  sufficient  sureties,  to  be  approved  by  the  county  court. 
(R.  S.  1899,  §  9081.) 

Sec.  10374.  Id.  How  conducted. — Such  elections,  and  all  returns 
thereof,  shall  be  conducted  and  made  in  the  manner  provided  by  law  as 
in  case  of  elections,  and  the  returns  thereof,  of  clerks  of  circuit  courts. 
(R.  S.  1899,  §  9082.) 

Sec.  10375.  In  case  of  tie. — If  there  be  a  tie,  a  new  election  shall 
be  awarded  by  the  county  court  of  the  county  wherein  such  election 
may  be  held.     (R.  S.  1899,  §  9083.) 


STATE   SUPERINTENDENTS   OF   PUBLIC   SCHOOLS.  237 


CHAPTER  106. 
STATE   SUPERINTENDENT   PUBLIC   SCHOOLS. 
Sec.  10918.    State  superintendent — election  and  term  of  oflBce. 

There  shall  be  elected  by  the  qualified  voters  of  this  state,  at  the  next 
general  election  for  state  and  county  officers,  and  every  four  years 
thereafter,  a  state  superintendent  of  public  schools,  who  shall  enter 
upon  the  discharge  of  his  duties  on  the  second  Monday  of  January 
next  following  his  election,  and  hold  his  office  for  the  term  of  four 
years  and  until  his  successor  is  elected  and  qualified.  The  election  of 
«aid  superintendent  and  the  returns  thereof  shall  be  the  same  in  all 
respects  as  provided  for  the  election  of  other  state  officers;  and  in 
<}ase  of  vacancy  occurring  in  said  office,  by  death,  resignation  or  other- 
wise, the  governor  shall  fill  the  same  by  appointment,  who  shall  hold 
his  office  until  the  next  general  election.  (R.  S.  1899,  §  9854,  ra- 
•enacted,  Laws  1909,  p.  770.) 


CHAPTER  106— ARTICLE  VHI. 

COUNTY  SUPERINTENDENTS  OF  PUBLIC  SCHOOLS. 
Sec.  10929.  County  superintendents — qualifications — ^term  of  of- 
fice.— There  is  hereby  created  the  office  of  county  superintendent  of 
public  schools  in  each  and  every  county  in  the  state.  The  qualified 
voters  of  the  county  shall  elect  said  county  school  superintendent  at 
the  annual  district  school  meetings  held  on  the  first  Tuesday  in  April, 
1911,  and  every  four  years  thereafter.  Said  superintendent  shall  be  at 
least  twenty-four  years  old,  a  citizen  of  the  county,  shall  have  taught 
or  supervised  schools  as  his  chief  work  during  at  least  two  of  the  four 
years  next  preceding  his  election  or  appointment,  or  shall  have  spent 
the  two  years  next  preceding  his  election  or  appointment  as  a  regular 
student  in  a  normal  school,  college  or  university,  and  shall  at  the  time 
of  his  election  hold  a  diploma  from  one  of  the  state  normal  schools  or 
teachers'  college  of  the  state  university,  or  shall  hold  a  state  certificate, 
Authorizing  him  to  teach  in  the  public  schools  of  Missouri,  or  shall  hold 
s.  first  grade  county  certificate,  authorizing  him  to  teach  in  the  county 
of  which  he  is  superintendent.  The  person  elected  county  school  com- 
missioner or  county  school  superintendent  at  the  annual  school  meet- 
ing, held  the  first  Tuesday  in  April,  1909,  or  his  successor,  shall,  during 
the  month  of  August,  1909,  qualify  under  this  article  as  county  super- 
intendent of  public  schools,  and  shall  serve  as  such  until  the  first  Tues- 
day in  April,  1911,  and  until  his  successor  is  elected  and  qualified ;  and 
the  qualifications  prescribed  for  the  county  school  commissioner  at  the 
time  of  the  annual  school  meeting,  the  first  Tuesday  in  April,  1909, 
shall  be  the  qualifications  for  the  county  superintendent  of  public 
schools  until  the  first  Tuesday  in  April,  1911.  Said  county  superin- 
tendent of  public  schools  shall  hold  his  office  for  four  years,  and  until 
his  successor  is  elected  and  qualified;  and  all  vacancies,  caused  by 
death,  resignation,  refusal  to  serve  or  removal  from  the  county,  shall 


238  ELECTION   LAWS. 

be  filled  by  the  governor  by  appointment  for  the  unexpired  term ;  the 
county  superintendent  shall  turn  over  all  books,  papers,  certificates,, 
stub  books  and  records  in  his  possession  to  his  successor.  Wherever 
the  term,  ''county  commissioner,"  or,  "county  board  of  education,*'  is 
used  in  the  statutes,  it  shall  be  construed  to  mean  county  superin- 
tendent of  public  schools.  (Laws  1909,  p.  822,  amended,  Laws  1911, 
p.  404.) 

Sec.  10930.  Election  returns,  how  certified — duty  of  county  clerk. 
At  least  ten  days  before  the  annual  school  meeting  in  any  year  when 
a  county  superintendent  of  public  schools  is  to  be  elected,  the  clerk  of 
the  county  court  shall  mail  by  registered  letter  to  the  president  or 
clerk  of  the  board  of  school  directors  of  the  various  districts  of  the 
county  a  tally  sheet  of  sufficient  size  to  contain  the  names  of  all  the 
qualified  voters  of  such  districts,  which  tally  sheets  shall,  so  far  as 
practical,  conform  to  the  form  of  poll  book  set  out  in  section  5809  of 
article  2,  of  chapter  43,  of  the  Revised  Statutes  of  Missouri,  1909,  re- 
lating to  general  elections,  and  in  making  the  returns  of  such  election^ 
the  tally  sheets  shall  be  certified  by  the  chairman  and  secretary  of 
such  annual  school  meeting  and  attested  by  the  members  of  the  board 
of  directors  of  the  district,  who  may  be  present.  The  voting  for 
county  superintendent  shall  be  by  ballot  and  all  ballots  cast  shall  be 
counted  for  the  persons  for  whom  cast,  and  it  is  hereby  made  the  duty 
of  the  members  of  the  board  of  directors  and  the  chairman  and  secre- 
tary of  the  annual  school  meeting  to  see  that  each  ballot  so  cast  is 
counted  for  the  person  receiving  the  same,  and  it  is  hereby  made  the 
duty  of  the  chairman  of  the  annual  school  meeting,  within  two  days 
after  such  meeting,'  to  transmit  the  tally  sheets  and  all  ballots,  in  per- 
son or  by  registered  letter,  to  the  clerk  of  the  county  court ;  such  bal- 
lots to  be  in  a  sealed  package,  separate  and  apart  from  such  tally 
sheets,  such  package  being  properly  designated.  It  shall  be  the  duty 
of  the  county  clerk,  within  five  days  after  the  annual  school  meeting,. 
to  call  to  his  assistance  two  justices  of  the  peace  or  two  qualified 
voters  of  the  county,  and  cast  up  the  vote  and  issue  a  commission  to 
the  person  receiving  the  highest  number  of  votes,  for  which  commis- 
sion he  shall  receive  a  fee  of  one  dollar  to  be  paid  by  the  person  com- 
missioned. A  tie  vote  shall  cause  a  vacancy  in  the  office  of  county 
superintendent,  which  shall  be  filled  by  appointment  by  the  governor,, 
and  the  person,  so  appointed,  shall  hold  such  office  till  the  next  annual 
school  meeting,  and  until  his  successor  is  elected  and  qualified.  In 
case  a  school  district  is  divided  by  a  county  line,  the  county  clerk  shall 
transmit  to  the  president  or  clerk  of  the  board  of  directors  of  such 
districts  two  sets  of  tally  sheets,  and  the  voters  residing  on  each  side 
of  the  line  shall  vote  separately  and  returns  shall  be  made  to  each 
county  as  herein  provided.  For  transmitting  the  returns  of  such  elec- 
tion, the  chairman  of  the  annual  meeting  shall  receive  the  sum  of  one 
dollar  to  be  paid  out  of  the  incidental  fund  of  the  district.  The  pro- 
visions of  this  act  shall,  so  far  as  practical,  apply  to  village  and  city 
elections  so  far  as  affects  the  election  of  county  superintendent  of 
public  schools  and  so  far  as  not  conflicting  with  existing  laws,  which 


SHERIFFS   AND  DEPUTIES.  239 

are  sufficient  to  safeguard  such  elections.  Any  person,  upon  whom 
there  is  imposed  an  official  duty  by  this  act,  and  who  shall  violate 
any  of  the  provisions  herein,  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  thirty  days  nor  more  than  six 
months,  or  by  both  such  fine  and  imprisonment.     (Laws  1911,  p.  406.) 


CHAPTER  109— ARTICLE  1. 

SHERIFFS  AND  THEIR  DEPUTIES. 

Sec.  11200.    Certificate  of  election,  etc. — "When  any  person  shall 

be  elected  sheriff,  the  clerk  of  the  county  court  shall  deliver  to  him 
a  certificate  of  his  election,  under  the  seal  of  the  court,  and  shall  also 
certify  that  fact  to  the  clerk  of  the  circuit  court,  who  shall  file  the  cer- 
tificate in  his  office,  and  he  shall  enter  upon  the  discharge  of  the  duties 
of  his  office  on  the  first  day  of  January  next  succeeding  his  election. 
(R.  S.  1899,  §  10034.) 

Sec.  11217.  Vacancy  in  oflSce,  how  fiUed— private  person  may 
execute  process,  when. — Whenever  from  any  cause  the  office  of  sheriff 
becomes  vacant,  the  same  shall  be  filled  by  the  county  court;  if  such 
vacancy  happen  more  than  nine  months  prior  to  the  time  of  holding 
a  general  election,  such  county  court  shall  immediately  order  a  special 
election  to  fill  the  same,  and  the  person  by  it  appointed  shall  hold  said 
office  until  the  person  chosen  at  such  election  shall  be  duly  qualified, 
otherwise  the  person  appointed  by  such  county  court  shall  hold  office 
until  the  person  chosen  at  such  general  election  shall  be  duly  qualified ; 
but  while  such  vacancy  continues,  any  writ  or  process  directed  to  the 
said  sheriff  and  in  his  hands  at  the  time  such  vacancy  occurs,  remain- 
ing unexecuted,  and  any  writ  or  process  issued  after  such  vacancy, 
may  be  served  by  any  person  selected  by  the  plaintiff,  his  agent  or 
attorney,  at  the  risk  of  such  plaintiff;  and  the  clerk  of  any  court  out 
of  which  such  writ  or  process  shall  issue  shall  indorse  on  such  writ 
or  process  the  authority  to  such  person  to  execute  and  return  the  same, 
and  shall  state  on  such  indorsement  that  the  authority  thus  given  is 
*'at  the  request  and  risk  of  the  plaintiff  ;'*  and  the  person  se  named 
in  said  writ  or  process  may  proceed  to  execute  and  return  said  process, 
as  sheriffs  are  by  law  required  to  do.  Such  election  shall  be  held  with- 
in thirty  days  after  the  vacancy  occurs,  and  the  county  court  shall 
cause  notice  of  the  same  to  be  published  in  some  newspaper  published 
within  the  county,  and  if  there  should  be  no  newspaper  published  in 
said  county,  shall  then  give  notice,  by  ten  written  handbills,  posted  up 
in  ten  of  the  most  public  places  in  the  county,  for  twenty  days  prior 
to  the  day  of  holding  such  election.  Upon  the  occurrence  of  such  va- 
cancy, it  shall  be  the  duty  of  the  presiding  justice  of  the  county  court, 
if  such  court  be  not  then  in  session,  to  call  a  special  term  thereof,  and 
cause  said  election  to  be  held  in  pursuance  of  the  provisions  of  this 
section  and  the  election  laws  regulating  general  elections  in  this  state. 
(R.  S.  1899,  §  10048;  Laws  1887,  p.  281,  §§  2  and  3.) 


240  ELECTION  LAWS. 

CHAPTER  115. 

SURVEYORS. 

Sec.  11291.    Surveyor  to  be  elected,  when — term  of  office. — ^At  the 

November  election  in  the  year  1868,  and  every  four  years  thereafter, 
the  qualified  voters  of  each  county  shall  elect  some  suitable  person  as 
county  surveyor,  who  shall  hold  his  office  for  four  years,  and  until  his 
successor  is  elected,  commissioned  and  qualified.  The  present  incum- 
bents may  remain  in  office  until  the  persons  elected  at  the  time  afore- 
said are  duly  commissioned  and  qualified.     (R.  S.  1899,  §  10176.) 

Sec.  11292.  Election,  how  certified. — The  clerk  of  the  county  court 
shall  certify  the  election  of  county  surveyors  in  the  same  manner  as 
other  elections  of  state  and  county  officers,  and  the  person  elected  shall 
be  commissioned  by  the  governor.     (R.  S.  1899,  §  10177.) 


CHAPTER  117— ARTICLE  II. 

ASSESSORS   AND   THE   ASSESSMENT   OP   PROPERTY. 

Sec.  11341.  Election  of  assessor. — At  the  general  election  in  the 
year  one  thousand  nine  hundred,  and  every  four  years  thereafter,  there 
shall  be  elected  by  the  qualified  voters  of  the  several  counties  in  this 
state  a  county  assessor,  who  shall  hold  his  office  for  a  term  of  four  years, 
and  until  his  successor  is  elected  and  qualified,  unless  sooner  removed 
from  office ;  and  no  person  elected  to  said  office  of  assessor  shall  hold  said 
office  more  than  two  successive  terms:  Provided,  that  this  section  shaU 
not  apply  to  the  city  of  St.  Louis.     (R.  S.  1899,  §  9137.) 

Sec.  11342.  Certificate  of  election. — The  clerks  of  the  respective 
county  courts  shall  deliver  to  the  persons  elected  or  appointed  as  pro- 
vided in  this  article,  immediately  after  their  election  or  appointment, 
a  certificate  thereof,  under  the  seal  of  their  respective  county  courts. 
(R.  S.  1899,  §  9138.) 

Sec.  11343.  Term  of  office. — Assessors  elected  under  the  provisions 
of  this  chapter  shall  enter  upon  the  discharge  of  their  duties  on  the 
first  day  of  June  next  after  they  shall  have  been  elected,  and  shaU  hold 
their  offices  for  the  term  of  four  years,  and  until  their  successors  are 
elected  and  qualified.   (R.  S.  1899,  §  9139,  amended.  Laws  1909,  p.  715.) 


TOWNSHIP  ORGANIZATION.  241 


CHAPTER  117— ARTICLE  VH. 

COLLECTORS  AND  THE  COLLECTION  OF  TAXES. 

Sec.  11432.  Collectors  of  the  revenue — term  of  oflace.— The  offices  of 
shoriff  and  collector  shall  be  distinct  and  separate  offices  in  all  the  coun- 
ties of  this  state,  and  at  the  general  election  in  1906,  and  every  four 
years  thereafter,  a  collector,  to  be  styled  the  collector  of  the  revenue, 
shall  be  elected  in  all  the  counties  of  this  state,  who  shall  hold  their  office 
for  four  years  and  until  their  successors  are  duly  elected  and  qualified : 
Provided,  that  nothing  herein  contained  shall  be  so  construed  as  to  pre- 
vent the  same  person  from  holding  both  offices  of  sheriff  and  collector. 
(R.  S.  1899,  §  9203,  amended.  Laws  1905,  p.  272.) 

Sec.  11433.  Collectors  in  certain  counties. — In  aU  counties  where- 
in the  assessed  valuation  of  all  property  which  now  or  hereafter  shall 
exceed  twenty  million  dollars,  and  in  which  the  sheriff  is  also  ex  officio 
collector  of  the  revenue,  there  shall  be  elected  on  the  general  election  day, 
A.  D.  1906,  and  every  four  years  thereafter,  a  collector  of  the  revenue, 
who  shall  qualify  and  perform  the  duties  of  such  office  as  provided  by 
law.     (R.  S.  1899,  §  9204,  amended.  Laws  1905,  p.  272.) 


CHAPTER  119. 

TOWNSHIP  ORGANIZATION. 


ARTICLE  I. 

ADOPTION  OF  TOWNSHIP  ORGANIZATION. 


SECTION 

11652.  Voters  may  vote  for  or  against 

township  organization. 

11653.  Question     submitted  —  form     of 

ballot 


SECTION 

11654.  Returns,   how   proceeded  with. 

11655.  Organization    to    go    into    effect, 

when. 

11656.  Township   elections,   when   to   be 

held. 


Sec.  11652.  Voters  may  vote  for  or  against  township  organiza- 
tion.— At  any  general  election  that  may  be  holden  in  the  several  coun- 
ties of  this  state,  the  qualified  voters  in  any  county  may  vote  for  or 
against  township  organization,  as  provided  by  this  article.  (R.  S. 
1899,  §  10225.) 

Sec.  11653.  Question  submitted— form  of  ballot. — The  county 
court,  on  petition  of  one  hundred  legal  voters  of  said  county,  shall 
cause  to  be  submitted  to  the  voters  of  the  county  the  question  of  town- 
ship organization  under  this  article,  by  the  ballot,  to  be  written  or 
printed,  ''for  township  organization,"  or  ''against  township  organiza- 
tion," to  be  canvassed  and  returned  in  like  manner  as  votes  for  state 
and  county  officers.     (R.  S.  1899,  §  10226.) 

E  L-16 


242 


ELECTION  LAWS. 


Sec.  11654.  Returns,  how  proceeded  with. — The  clerk  of  the 
county  court  shall  cause  an  abstract  of  the  returns  of  said  election  to 
be  made  out  and  certified  as  in  election  for  state  and  county  officers, 
record  the  same  at  length  upon  the  records  of  the  county  court  of  the 
county,  and  shall  certify  the  same  to  the  secretary  of  state.  (R.  S. 
1899,  §  10227.) 

Sec.  11655.  Organization  to  go  into  effect,  when. — ^If  it  shall 
appear  by  the  returns  of  said  election  that  a  majority  of  the  legal 
voters  of  the  county  voting  upon  that  proposition  at  said  election  are 
for  such  organization,  then  the  county  so  voting  in  favor  of  its  adop- 
tion shall  be  governed  by  and  subject  to  the  provisions  of  this  chapter 
on  and  after  the  last  Tuesday  in  March  next  succeeding.  (R.  S.  1899, 
§  10228,  amended,  Laws  1903,  p.  271.) 

Sec.  11656.  Township  elections,  when  to  be  held. — The  clerk  of 
the  county  court  shall  thereupon  make  out  notices  for  each  township, 
designating  the  time  and  place  for  holding  the  first  township  elec- 
tion in  such  township,  which  shall  be  holden  on  the  last  Tuesday  in 
March  next  thereafter,  and  shall  deliver  such  notices  to  the  sheriff 
of  the  county,  who  shall  cause  the  same  to  be  posted  up  in  not  less 
than  three  of  the  most  public  places  in  the  township,  and  not  less  than 
fifteen  days  before  the  last  Tuesday  in  March ;  and  the  township  clerk 
shall  post  up  notices  of  all  subsequent  elections,  as  directed  by  the 
township  board  of  directors.     (R.  S.  1899,  §  10229.) 


ARTICLE  IV. 


TOWNSHIP 
SECTION 
11668.     Elections,  when  and  where  held. 
Officers  to  be  chosen. 
Additional  justices  may  be  elect- 
ed,  when. 
Elections  to  conform   to  general 
election  law. 
11672.     Qualification  of  voters. 


11669. 
11670. 


11671. 


ELECTIONS. 
SECTION 

11673.  Canvass  of  votes  and  disposition 

of  poll   books. 

11674.  Township   clerk   to   transmit   list 

of  officers-elect  to  county  clerk. 

11675.  Township    clerk    to    notify    per- 

sons elected. 

11676.  Townships    to    be    election    pre- 

cincts— judges  of  election. 


Sec.  11668.  Elections,  when  and  where  held. — The  citizens  of 
the  several  townships  in  all  counties  having  adopted  the  township 
organization  law  of  this  state,  who  are  qualified  by  the  Constitution 
and  laws  of  this  state  to  vote  at  general  elections,  shall  assemble 
biennially  on  the  last  Tuesday  in  March  at  their  usual  place  of  voting, 
or  at  such  place  in  their  respective  townships  as  they  may  have  pre- 
viously agreed  upon,  for  the  purpose  of  electing  township  ofiicers  and 
such  other  officers  and  transacting  such  other  business  as  may  be 
necessary.     (R.  S.  1899,  §  10241.) 

Sec.  11669.  Officers  to  be  chosen. — There  shall  be  chosen  at  the 
biennial  election  in  each  township  one  trustee,  who  shall  be  ex  officio 
treasurer  of  the  township,  one  township  collector,  and  one  township 
clerk,  who  shall  be  ex  officio  township  assessor,  one  constable,  two 


TOWNSHIP  ELECTIONS.  243 

members  of  the  board,  and  two  justices  of  the  peace :  Provided,  the 
same  persons  may  be  elected  members  of  the  board  and  justices  of  the 
peace,  at  the  same  election,  and  hold  both  offices,  also  the  same  person 
may  be  elected  constable  and  collector  at  the  same  election  and  hold 
both  offices  at  the  same  time,  by  taking  the  proper  oath  of  each  office 
and  giving  the  bond  required  by  law.     (R.  S.  1899,  §  10242.) 

Sec.  11670.  Additional  justices  may  be  elected,  when.— In  all 
townships  having  a  population  of  over  two  thousand  inhabitants,  it 
shall  be  lawful  for  the  qualified  voters  thereof  to  elect  an  additional 
justice  of  the  peace  for  every  two  thousand  inhabitants  until  the  popu- 
lation reaches  six  thousand,  after  which  the  number  of  justices  shall 
not  be  increased.  Said  additional  justices  shall  be  elected  and  com- 
missioned and  shall  have  the  same  powers  and  perform  like  duties 
as  other  justices  of  the  peace  have  and  perform  by  law.  (R.  S.  1899, 
§  10243.) 

Sec.  11671.  Elections  to  conform  to  general  election  law. — On  the 
day  of  the  township  election  the  polls  shall  be  opened  between  seven 
and  eight  o'clock  a.  m.  and  be  kept  open  until  six  o'clock  p.  m. 
by  the  judges  of  the  election,  and  when  so  opened  the  electors  of  the 
township  shall  have  to  elect  all  officers  to  be  chosen  at  said  election. 
Said  officers  shall  be  chosen  by  ballot.  Each  ballot  shall  contain  the 
name  of  every  officer  or  measure  voted  for,  written  or  printed  on  the 
face  of  such  ballot,  and  the  name  of  the  office  for  which  the  persons 
voted  for  are  intended  to  be  chosen,  which  ballot  shall  be  folded  so  as 
to  conceal  the  names  of  the  persons  voted  for ;  where  the  names  of  two 
or  more  persons  appear  on  any  ballot  for  the  same  office,  such  baUot 
shall  be  rejected  by  the  judges  in  canvassing  the  votes,  only  as  to  the 
persons  erroneously  voted  for.  Said  township  election  shaU  in  all 
things  conform  to  the  general  law  concerning  elections  for  state  and 
county  officers,  so  far  as  the  same  is  consistent  with  the  provisions 
of  this  chapter.    (R.  S.  1899,  §  10244.) 

Sec.  11672.  Qualifications  of  voters. — No  person  shall  be  a  voter 
at  any  township  election  unless  he  be  a  qualified  voter  at  general 
elections,  and  has  been  an  actual  resident  of  the  township  in  which 
he  offers  to  vote  for  sixty  days  next  preceding  such  election.  (R.  S. 
1899,  §  10245.) 

Sec.  11673.  Canvass  of  votes  and  disposition  of  poll  books. — The 
votes  shall  be  opened  and  canvassed  according  to  the  laws  governing 
general  elections  for  state  and  county  officers,  and,  when  completed, 
the  poll  books  shall  be  signed  by  the  judges  and  clerks  of  election, 
and  together  with  the  ballots,  shall  be  filed  in  the  office  of  the  town- 
ship clerk  within  two  days  after  such  election.     (R.  S.  1899,  §  10246.) 

Sec.  11674.  Township  clerk  to  transmit  list  of  officers-elect  to 
comity  clerk. — The  township  clerk  shall  transmit  to  the  county  clerk, 
to  be  filed  in  his  office,  a  list  of  the  names  of  the  township  officers  so 
elected,  within  five  days  after  such  election  shall  have  been  held. 
(R.  S.  1899,  §  10247.) 

Sec.  11675.  Township  clerk  to  notify  persons  elected. — The 
township  clerk  shall,  within  ten  days  after  such  township  election, 


244 


ELECTION   LAWS. 


transmit  to  each  person  elected  to  any  township  office  a  notice  of  his 
election.  In  case  two  or  more  persons  shall  receive  an  equal  number 
of  votes  for  the  same  office,  the  question  of  which  shall  be  entitled 
to  the  office  shall  be  decided  between  them  by  lot,  under  the  direction 
of  the  township  clerk.     (R.  S.  1899,  §  10248.) 

Sec.  11676.  Townships  to  be  election  precincts — judges  of  elec- 
tion.— Each  township  acting  under  township  organization  may  be 
divided  into  as  many  election  precincts  by  the  county  court  as  the 
court  may  think  the  convenience  of  the  electors  requires;  and  the 
judges  of  all  elections  held  for  township  purposes  shall  be  appointed 
by  the  township  board;  but  if  said  board  should  fail  to  appoint  judges, 
or  if  any  of  the  judges  appointed  should  fail  or  refuse  to  serve  or  not 
be  present  by  eight  o'clock  on  the  day  of  election,  then  the  electors 
present  shall  have  power  to  choose  from  their  number  men  to  act  as 
said  judges.  The  judges  of  election  shall  have  power  to  appoint  two 
clerks  of  said  election.  The  judges  and  clerks  shall  be  sworn  and  the 
election  conducted  in  like  manner  as  elections  for  state  and  county 
offices,  except  as  provided  in  this  chapter.     (R.  S.  1899,  §  10249.) 


ARTICLE  V. 

OFFICERS.  QUALIFICATION  AND  TENURE. 


SECTION 
11677.     Eligibility  to  office. 

Officers  to  take  oath. 
Elected  candidates  to  file  accept- 
ance. 
Treasurer   and   collector   to  give 

bond. 
Constable  to  take  oath  and  give 
bond. 


11678. 
11679. 


11680. 


11681. 


SECTION 

11682.  Constable's  bond  to   be   filed. 

11683.  Penalty  for  refusal   to   serve  by 

any  one  appointed  or  elected  to 
office. 

11684.  Duties  of  outgoing  and  incoming 

officials. 

11685.  Same. 


Sec.  11677.  Eligibility  to  office. — ^No  person  shall  be  eligible  to 
any  township  office  unless  he  shall  be  a  qualified  voter  and  a  resident  of 
such  township.    (R.  S.  1899,  §  10250.) 

Sec.  11678.  Officers  to  take  oath. — ^Every  person  chosen  or  ap- 
pointed to  the  office  of  township  trustee  and  ex  officio  treasurer,  mem- 
ber of  the  township  board,  township  collector,  or  township  clerk,  and 
ex  officio  township  assessor,  or  constable  before  he  enters  on  the  duties 
of  his  office  and  within  ten  days  after  he  shall  be  notified  of  his  elec- 
tion or  appointment,  shall  take  and  subscribe,  before  some  justice  of 
the  peace,  such  oath  or  affirmation  as  is  prescribed  by  law.  (R.  S. 
1899,  §  10251.) 

Sec.  11679.  Elected  candidates  to  file  acceptance. — Such  person 
shall,  within  ten  days  thereafter,  cause  such  certificate,  together  with 
his  acceptance  of  the  office,  to  be  filed  in  the  office  of  the  township 
clerk;  his  neglect  or  refusal  so  to  do  shall  be  deemed  a  refusal  to 
serve.     (R.  S.  1899,  §  10252.) 

Sec.  11680.  Treasurer  and  collector  to  give  bond. — Every  person 
elected  or  appointed  to  the  office  of  township  trustee  and  ex  officio 
treasurer,  before  he  enters  on  the  duties  of  his  office  and  within  ten 


OFFICERS,   QUALIFICATION  AND  TENURE.  245 

days  after  his  election  or  appointment,  shall  execute  and  deliver  to 
the  township  clerk  a  bond  with  one  or  more  sureties,  to  the  satis- 
faction of  the  township  clerk,  payable  to  the  township  board,  in 
double  the  amount  of  all  the  township  funds,  including  school  moneys, 
that  may  come  into  his  hands;  and  every  such  bond,  when  deposited 
with  the  township  clerk  as  aforesaid,  shall  constitute  a  lien  upon  all 
the  real  estate  within  the  county  belonging  to  such  trustee  and 
ex  officio  treasurer  at  the  time  of  filing  thereof,  and  shall  continue 
to  be  a  lien  until  its  conditions,  together  with  all  costs  and  charges 
which  may  accrue  by  reason  of  any  prosecution  thereon,  shall  be 
satisfied.  The  to^vnship  collector  shall,  before  he  receives  the  tax 
books,  give  bond  and  security  to  the  state,  to  the  satisfaction  of  the 
county  court,  in  a  sum  at  least  double  the  amount  of  all  the  revenue 
to  be  collected  by  him  for  any  one  year,  including  school  taxes;  such 
bond  shall  be  executed  in  duplicate;  one  part  thereof  shall  be  de- 
posited and  recorded  in  the  office  of  the  clerk  of  the  county  court, 
and  the  other  part  shall  be  transmitted  by  the  clerk  to  the  state 
auditor.  The  conditions  of  such  bond  shall  be  that  he,  the  said  col- 
lector, will  faithfully  and  punctually  collect  and  pay  over  all  state, 
county,  township  and  other  revenue,  including  school  taxes,  that  may 
become  due  and  collectible  during  the  period  for  which  such  col- 
lector shall  be  elected  or  appointed;  and  that  he  will  in  all  things 
faithfully  perform  all  the  duties  of  the  office  of  township  collector 
according  to  law.    (R.  S.  1899,  §  10253.) 

Sec.  11681.  Constable  to  take  oath  and  give  bond. — ^Every  person 
chosen  or  appointed  to  the  office  of  constable,  before  he  enters  upon 
the  duties  of  his  office,  and  within  ten  days  after  he  shall  be  notified 
of  his  election  or  appointment,  shall  take  and  subscribe  before  some 
justice  of  the  peace  of  said  township  the  oath  of  office  prescribed  by 
law,  and  shall  execute,  with  two  or  more  sureties,  an  official  bond, 
payable  to  the  township  trustee,  and  to  be  approved  by  the  township 
board,  which  bond  shall  be  conditioned  for  the  faithful  discharge  of 
all  his  official  duties.    (R.  S.  1899,  §  10254.) 

Sec.  11682.  Constable's  bond  to  be  filed. — The  township  trustee 
shall,  when  the  approval  of  the  township  board  of  directors  shall  be 
indorsed  on  said  bond,  cause  the  same  to  be  filed  in  the  office  of  the 
township  clerk;  and  a  copy  of  such  bond,  certified  by  the  township 
clerk,  shall  be  presumptive  evidence  in  all  courts  of  this  state  of  the 
execution  thereof  by  such  constable  and  sureties.  (R.  S.  1899,  § 
10255.) 

Sec.  11683.  Penalty  for  refusal  to  serve  by  any  one  appointed  or 
elected  to  office. — Any  person  chosen  or  appointed  to  fill  any  town- 
ship office,  except  that  of  justice  of  the  peace,  who  shall  refuse  to 
serve,  shall  forfeit  to  the  township  the  sum  of  five  dollars  for  the  use 
of  the  contingent  fund,  and  said  forfeiture,  if  not  otherwise  paid,  shall 
be  collected  by  any  justice  of  the  peace  of  said  township,  as  may  be 
provided  by  law.    '(R.  S.  1899,  §  10256.) 

Sec.  11684.  Duties  of  outgoing  and  incoming  officials.— If  any 
township  officer  who  is  required  by  law  to  take  the  oath  of  office  shall 


246 


ELECTION  LAWS. 


enter  upon  the  duties  of  his  office  before  he  shall  have  taken  such 
oath,  he  shall  forfeit  to  the  township  the  sum  of  twenty  dollars,  to  be 
collected  and  applied  as  in  the  preceding  section.  Township  officers 
shall  hold  their  offices  for  two  years,  and  until  their  successors  are 
chosen  or  appointed  and  qualified.     (R.  S.  1899,  §  10257.) 

Sec.  11685.  Same. — Whenever  the  term  of  office  of  any  town- 
ship officer  shall  expire,  and  others  are  elected  or  appointed  and  quali- 
fied as  their  successors,  such  successors  shall,  immediately  after  enter- 
ing upon  the  duties  of  their  office,  demand  and  receive  from  his  or 
their  predecessors,  or  their  legal  representatives,  all  the  books,  papers 
and  money  under  his  or  their  control  belonging  to  such  office,  and 
such  books,  papers  and  other  property  shall  be  delivered  upon  oath 
that  the  same  are  all  the  moneys,  books,  papers  and  other  property 
under  his  control  belonging  to  such  township ;  duplicate  receipts  shall 
be  given  the  outgoing  officer  for  the  same,  who  shall  retain  one  copy 
and  deliver  the  other  to  the  township  clerk,  who  shall  charge  the 
incoming  officer  with  the  value  thereof.     (R.  S.  1899,  §  10258.) 


ARTICLE  VI. 

OFFICERS,  VACANCIES  AND  APPOINTMENTS. 


SECTION 
11686.     Vacancies  In  office  to  be  filled  by 
township   board. 


SECTION 

11687.  Warrant  of  appointment — ^notifi- 

cation  to  appointee. 

11688.  Resignations,   how  accepted. 


Sec.  11686.    Vacancies  in  office  to  be  filled  by  township  board. — 

Whenever  any  township  shall  fail  to  elect  the  proper  number  of  officers 
to  which  such  township  may  be  entitled,  or  when  any  person  elected 
or  appointed  shall  fail  to  qualify,  or  when  any  vacancy  shall  happen 
in  any  township  office  from  any  cause,  it  shall  be  lawful  for  the 
township  board  to  fill  such  vacancy  by  appointment,  and  the  person 
so  appointed  shall  hold  the  office  and  discharge  all  the  duties  of  the 
same  during  such  unexpired  term,  and  until  his  successor  is  elected 
or  appointed  and  qualified,  and  shall  be  subject  to  the  same  penalties 
as  if  they  had  been  duly  elected :  Provided,  that  any  vacancy  in  the 
office  of  justice  of  the  peace  or  in  the  township  board  shall  be  filled 
by  appointment  of  the  county  court.     (R.  S.  1899,  §  10259.) 

Sec.  11687.  Warrant  of  appointment — notification  to  appointee. 
Whenever  any  appointment  shall  be  made,  as  provided  in  the  preced- 
ing section,  the  township  board  shall  cause  a  warrant  of  appointment 
to  be  filed  in  the  office  of  the  township  clerk,  who  shall  immediately 
give  notice  to  the  person  or  persons  appointed :  Provided,  that  when 
the  county  court  shall  make  such  appointment  they  shall  cause  notice 
thereof,  in  writing,  to  be  transmitted  by  the  county  clerk  to  the  town- 
ship clerk,  who  shall  file  the  same  and  give  notice  to  the  appointee, 
as  hereinbefore  provided.    (R.  S.  1899,  §  10260.) 


OFFICERS,   VACANCIES   AND   APPOINTMENTS.  247 

Sec.  11688.  Resignations,  how  accepted. — The  township  board 
may,  at  any  legally  convened  meeting,  for  a  good  and  sufficient  cause 
shown  to  them,  accept  the  resignation  of  any  township  officer: 
Provided,  that  in  all  cases  where  the  action  of  the  township  board 
is  required,  as  provided  in  the  foregoing  section,  a  majority  of  the 
members  concurring  therein,  shall  be  taken  as  the  action  of  the  board. 
(R.  S.  1899,  §  10261.) 


FORMS   PREPARED  IN    CONFORMITY    WITH     THE 
GENERAL    PRIMARY    LAW. 


DECLARATION   OF   CANDIDATE  FOR  NOMINATION. 

To 

I,  the  undersigned,  a  resident  and  qualified  elector  of  the   ( precinct  of  the 

town  of  ),  or   (the  precinct  of  the  ward  of  the  city  of  ), 

county  of  and  state  of  Missouri,  do  announce  myself  a  candidate  for  the  office 

of  on  the  ticket,  to  be  voted  for  at  the  primary  election  to  be  held  on 

the  first  Tuesday  In  Augrust, ,  and  I  further  declare  that  if  nominated  and  elected 

to  such  office  I  will  qualify. 

(Signed)  . 

Sec.  5859.  R.  S.  1909. 


COUNTY  CLERK'S  NOTICE  OF  PRIMARY  ELECTION. 

State  of  Missouri,  -^ 

Iss. 
County  of J 

County  clerk's  oflice. 
Notice  is  hereby  given  that  a  primary  election  will  be  held  at  the  regular  polling 

places  in  each  precinct  of  said  county  of (or  city,  as  the  case  may 

be)   on  the  first  Tuesday  of  August,   19 being  the day  of  August,  19 for 

the  pfurpose  of  nominating  candidates  for  the  following  ofllces  to  be  voted  for  at  the 

general  election  to  be  held  on  Tuesday,   day  of  November,   19  — 

(Insert  list  of  oflEices  here.) 

Given  under  my  hand  and  official  seal  at ,  this  the  day  of 

19.... 

Clerk  of  the  County  Court. 

Sec.  5858.  R.  S.  1909. 


COUNTY  CLERK'S  NOTICE  OF  PRIMARY  ELECTION. 

Notice  is  hereby  given  that  a  primary  election  will  be  held  at  the  regrular  polling 

places  in  each  precinct  of  said  county  of (or  city,  as  the  case  may  be), 

and  that  the  polls  will  be  open  between  the  hours  of in  the  morning,  and 

in  the  evening,  on  the  first  Tuesday  of  August,   19 being  the 

day  of  August,    19 for  the  purpose   of  nominating   candidates   for   State,   district, 

county  and  township  oflJces,   to  be  voted  for  at  the  general  election  to  be  held  on 

(248) 


FORAis.  249 

Tuesday day  of  November,  19 That  the  hereinafter  mentioned  list  con- 
tains the  name  and  postofRce  address  of  each  candidate  for  nomination,  together  with 
a  designation  of  the  office  for  which  he  is  a  candidate,  and  the  party  or  principle  that 
he  represents;   the  hours  during  which  the  polls  will  be  open. 

(Insert  name,  address,  office  and  party  of  all  candidates  here.) 

State  of  Missouri,         > 

Iss. 
County  of J 

I ,   clerk  of  the  county  court  within  and  for  the  county  of 

do  hereby  certify  that  the  above  and  foregoing  is  a  true  and  correct 

list  containing  the  name  and  postoffice  address  of  each  candidate,  together  with  a 
designation  of  the  office  for  which  he  is  a  candidate,  the  party  or  principle  he  repre- 
sents ;  also,  the  hours  during  which  the  polls  will  be  open. 

In  testimony  whereof,  I  hereunto  set  my  hand  and  affix  the  seal  of  said  county 

court.     Done  at  office  in ,  this  the day  of  19 

Clerk  of  the  County  Court 

Sec.  5864.  R.  S.  1909. 


Sample  Primary  Ballot  1914. 

(In  conformity  with  Sees   5867  and  5869  which  the  clerk  may  change  to  accommo- 
date any  number  of  candidates.) 

See  Sec.  5869  as  to  arrangement  of  names  on  ticket. 

Ticket 

For  Senator  in  Congress  for  Missouri : 
Name 


For  State  Superintendent  of  Public  Schools : 
Name •. 


For  Judge  Supreme  Court  (Division  No.  One) 
Name 


For  Representative  In  Congress District 

Name 


For  State  Senator District: 

Name 


250 


ELECTION  LAWS. 

For  Judge  Circuit  Court District : 

Name 

« 

« 

•For  Representative: 

Name 

« 

« 

•If  more  than  one,  Insert  number  of  district. 

For  Presiding  Judge  County  Court : 

Name 

<( 

For  Judge  County  Court District: 

Name 

For  Judge  County  Court District: 

Name 

t< 

«< 

t* 

For  Judge  Probate  Court : 

Name 

« 

For  Clerk  Circuit  Court : 

Name 

For  Clerk  County  Court : 

Name 

•< 

i; » ;.♦ ; » T  t  f  f  f  >  t » » f  t  f  1 1  f  f  f  f  /t » f  f  1 1  f  J  f  t  > f  s  ■  J  f  t  f  f  J  f  f  I  f  f  t  •  •  f  » 


FORMS.  251 


For  County  Collector: 
Name 


For   Recorder   of   Deeds 
Name 


For  Prosecuting  Attorney: 
Name 


For  Justice  of  the  Peace Township; 

Name 


For  Constable Township: 

Name 


tFor  Committeeman ^Township : 


tif  ward,  give  number  of  ward. 


Note. — Such  other  offices  as  become  vacant  by  expiration  of  term,  by  death,  or 
resignation  of  incumbent  or  vacant  for  any  cause  and  which,  under  the  law,  should 
be  filled  at  the  November  election,  1914,  inserted  at  such  place  in  the  ticket  as  the  im- 
portance of  the  office  justifies. 


PRECINCT  RETURN  AS  REQUIRED  BY  SECTION  5875,  R.  S.   1909. 

To chairman  of committee  of county,  Missouri,  at 

,  Missouri: 

The  following  is  a  complete  return  of  the  primary  election  held  at  pre- 
cinct   in township county,    Missouri,    on    Tuesday,    

day  of  August,  19 for  capi^Idatc  c  of  the party. 

for received  votes 

for    received  votes 

for  received  ,. votes 

for  received  votes 

(Here  giv.  as  above  set  out,  the  vote  of  each  candidate  of  the  r^^pWttYP  partf  tVQIU 

Q^fTRor  49wn  to  and  mctuOiug  tovnihip  wmwHtwmaRt) 


252  ELECTION   LAWS. 

We,  the  duly  qualified  and  acting  judges  and  clerks  of  the  primary  election  held 

tn precinct   In township county,   Missouri,   on  the 

day  of  August,  19 do  hereby  certify  that  the  foregoing  is  a  full  and  ac- 

eurate   return   of  all   votes   cast   at   said   primary   election   for  all   candidates   on   the 
ticket. 


Judges Clerks 


Note — Copy  of  this  return  must  be  made  within  twenty-four  hours,  to  the  county 
chairman  of  each  political  party,  as  provided  in  section  5875,  R.  S.  1909. 

PRECINCT  RETURN  TO  THE  COUNTY  CLERK,  AS  REQUIRED  BY  SECTION  5875, 
REVISED  STATUTES,   1909. 

To county  clerk  of county,  Missouri,  at ,  Missouri : 

The  following  is  a  complete  return  of  the  primary  election  held  at 

precinct  in  township county,  Missouri,  on  Tuesday,  day  of  August, 

19 — ,  for  candidates  of  the party. 

for  received  votes 

for  received  votes 

for  received  votes 

for  received  votes 

(Here  give,  as  above  set  out,  the  vote  for  each  candidate  of  the  respective  party  from 
governor  down  to  and  including  township  committeeman.) 

We,  the  duly  qualified  and  acting  judges  and  clerks  of  the  primary  election,  held 

in precinct   in township county,   Missouri,   on  the 

day  of  August,  19 — ,  do  hereby  certify  that  the  foregoing  is  a  full  and  ac- 
curate return  of  all  votes  cast  at  said  primary  election  for  all  candidates  on  the 
ticket. 


Judges  Clerks 


Note — Copy  of  this  return  for  each  political  party  must  be  made  within  twenty- 
four  hours  to  the  county  clerk,  as  provided  for  in  section  5875,  R.  S.  1909. 


CANVASSERS'  RETURNS  TO  CHAIRMAN  OF  COUNTY  COMMITTEE. 

To  be  used  by  the  canvassers  in  making  return  to  the  chairman  of  each  county 
committee. 

The   blank   to    make   return    to    the    secretary   of   state   \n  ill   be   furnished   by   this 
office.     All  other  banks  to  be  furnished  by  the  county. 

COUNTY  RETURN,  AS  REQUIRED  BY  SECTION  5876,  R.   S.   1909. 

To chairman    of committee    of county,    Missouri, 

at Missouri: 

The  following  is  a  complete  return   of  the  primary  election   held   in 

county,   Missouri,   on   Tuesday day  of  August,    19....,   for  candidates   of  the 

party. 


^  FORMS.  .  253 

for received  votes 

for  received  votes 

for  received  votes 

for  received  votes 

(Here  give,  as  above  set  out,  the  vote  of  each  candidate  of  the  respective  party  from 
governor,  down  to  and  including  township  committeeman.) 

We,    ,    and    the   duly   authorized   canvassers 

for county,   Missouri,   do  hereby  certify  the  above  and  foregoing  to  be  a 

true,  correct  and  complete  return  of  all  votes  cast  in  said  county  for  all  candidates 

therein   named,    on   the ticket,    at   the   primary   election   held   on   Tuesday, 

day  of  Augxist,  19 as  shown  by  the  returns  made  by  the  judges  and  clerks 

of  election  of  the  different  voting  precincts  in  said  county. 

Witness  our  hands  and  seal  of  the  county  court.     Done  at this 

day  of 19 • 


Canvassers. 
Note — Copy  of  this  return  must  be  made  to  the  county  chairman  of  each  political 
party,  as  provided  in  section  5876,  R.  S.  1909. 


COUNTY  CLERKS'  RETURN  TO  CHAIRMAN  OF  STATE  CENTRAL  COMMITTEE. 

To  be  used  by  the  county  clerk  in  making  return  to  the  chairman  of  the  state 
central  committee  of  each  party,  on  candidates  not  voted  for  wholly  within  the  limits 
of  the  county. 

COUNTY  RETURN,  AS  REQUIRED  BY  SECTION  5876,  R.  S.  1909. 

To chairman state  central  committee  at  Missouri,  at 

Missouri : 

The  following  is  a  complete  return  of  the  primary  election  held  in 

county,   Missouri,   on  Tuesday day  of  August,   19 for  candidates  of  the 

party,   for  state  offices,  representative  in  congress,  state  senator  and 

any  other  candidate  not  voted  for  wholly  within  the  limits  of  the  county;  also,  for 
state  representative : 

for  received  votes 

for  received  votes 

for  received  votes 

for  received  votes 

(Here  give,  as  above  set  out,  the  vote  of  each  candidate  of  the  party  for  state  offices, 
representative  in  congress,  state  senator  and  state  representative.) 

State  of  Missouri,  ^ 

^ss. 
County  of J 

I clerk  of  the  county  court  of county,   hereby  certify 

the  above  and  foregoing  to  be  a  true,  correct  and  complete  return  of  all  the  votes  oast 
in  said  county  for  all  candidates  therein  named,  on  the  ticket,  at  the  pri- 
mary election  held  on  the day  of  August,  19. . .,  as  shown  by  the  returns 

made  to  my  office  by  the  judges  and  clerks  of  election  of  the  different  voting  precincts 
In   said  county. 

In  testimony  whereof,  I  hereunto  set  my  hand  and  affix  the  seal  of  said  court  at 

office  in ,  this day  of ,  19 

Clerk  of  County  Court. 

Note. — Copy  of  this  return  must  be  forwarded  to  the  chairman  of  the  state  central 
committee  of  each  party,  as  provided  in  section  5876,  R.  S.  1909. 


INDEX. 


MISCELLANEOUS  PROVISIONS—  Sec  Page 

for   one  day   only 5g05  69 

in  St.  Louis,  how  conducted 5810  71 

"general  election,"  how  construed  (See  R.  S.  1909) 8057 

dramshop   not   open   on 7216  226 

probate    judges    4057  45 

probate  clerk,  cities  of  300,000 4072  45 

service  of  process  on  election  days   (see  R.  S.  1909) 1785 

in  cities  of  first  class  (see  R  S.  1909) 8536 

town  elections    (see  R   S.  1909) : 9473-  9480 

voting  to  be  by  ballot 5805  69 

freedom  from  arrest  on  election  day 5812  71 

fines,   etc.,   how  appropriated 5816  72 

laws  applicable  to  city  of  St.  Louis 5817  72 

FEDERAL  NATURALIZATION   LAWS  AND   REGULATIONS 17-30 

CONSTITUTIONAL  PROVISIONS—                                                                  Art.  Sec.  Page 

to  be  free  and  open II  9  5 

general   time  of  holding   VIII  1  12 

how  conducted,   contest,   etc VIII  3  13 

contest,   by  whom  tried VIII  9  14 

voters,    qualifications    of VIII  2  13 

privileged    from    arrest VIII  4  13 

registration    of    VIII  5  13 

gaining  or   losing   residence VIII  7  13 

who    disqualified   as VIII  8-12  13-14 

viva  voce,  when  by VIII  6  13 

circuit   judges,    election    of VI  25  11 

how    held VI  30  11 

tie  or  contest  in VI  30  11 

clerks  of  courts  of  record,  election  of— contest VI  39,  40  U 

^      constitution,    amendment    of XV  1,2  15 

convention    to    revise XV  3  16 

coroner,    when    elected IX  10  15 

vacancy,    how   filled IX  11  15 

general  assembly,  not  to  enact  local  or  special  law  regulating —    IV  53  8 

representatives,   election   of,   qualification IV2,  3,  4  5,6 

when    elected    IV  10  7 

writ  of  election  to  fill  vacancy IV  14  8 

election   and   qualifications,   determined IV  17  8 

senatorial   districts    IV  11  7 

senators,    election,    qualification IV  5,  6  6 

when   elected    IV  10  7 

office    vacated,    how IV  13  8 

writ  to   fill   vacancy IV  14  8 

election   and   qualifications    determined IV  17  8 

governor  and  lieutenant,   election  of V  2  9 

returns,    how   made V  3  10 


II  '  INDEX. 

CONSTITUTIONAL  PROVISIONS— Continued.                                             Art.  Sec.  Page 

tie  in  election  determined V  3  10 

contest   of,    how    decided V  25  10 

initiative  and  referendum,   elections  under IV  57  8 

justices  of  the  peace,  election  of VI  37  11 

Kansas  City  court  of  appeals,  election  of  judges (Anidt.)    VI  2,4  13 

tie  or  contest  in  election VI  30  11 

probate   judge,    election   of VI  34  11 

sheriff,    when    elected IX  10  15 

special  election  of ••    IX  11  15 

St.  Louis  court  of  appeals,  election  of  judges VI 13, 16  10 

tie  or  contest  in  election VI  30  11 

state  officers,   elected  when V  2  9 

returns,    how   made V  3  10 

tie  in  election  determined V  3  10 

contest   of  election  determined V  25  10 

supieme  court,  election  of  judges (Amdt.)     VI  2  13 

tie  or  contest  in  election VI  30  11 

TOWNSHIP   ORGANIZATION— 

adopted,    how    IX  8  14 

discontinued,    how    IX  9  14 

Absent  qualified  voters  may  vote  for  certain  officers,  how.. 76-78 

Sec.  Page 

ADMINISTRATOR,    PUBLIC,    election    of 299  31 

ASSESSORS,    election   of 11341  240 

certificate    of    election 11342  240 

term    of    office 11343  240 

BALLOT  BOXES,  how  provided— custody  of 5808  70 

tickets  numbered  and  placed  in 5905,  5818  97,  72 

numbered  and  delivered  to  judges 5818  72 

to  be  examined  before  using 5818  72 

kept    closed— how    used 5818  72 

not    opened,    except 5809  70 

separate,   for   rejected  votes 5900  96 

BALLOTS,  election  to  be  by 5805  69 

how   delivered    1  70 

not  to  be  fastened  together 1  70 

penalty   2  70 

numbered  and  placed  in  box 5905,  5818  97,  72 

sealed  and  delivered  to  whom 5905  97 

inspected  only  in  contest,  etc 5905  97 

to  be  burned,  when 5905  97 

not  to  be  disclosed 5905  97 

counted,   when  and   how 5818  72 

who  may  be  present— oath 5818  72 

result  proclaimed    5910  98 

fraudulent,    rejected 5908  98 

fraudulent    in    part 5909  98 

In   contest,   opened,    counted,    etc 5939  104 

who  may   be  present 5941  104 

examined   by   whom 5942  105 

resealed    and   preserved 5943  105 

printing    of— payment    for 5889  94 

error  in,  how  corrected 5896  95 

who    shall    furnish 5890  94 

how    headed— contents    5891  94 

for   questions   submitted 5892  94 

number— uniformity 5893  95 


INDEX.  Ill 

BALLOTS— Continued.                                                                                                     Sec.  Page 

to  be  delivered  to  judges 5S94  95 

delivered    to    voter— marked 5S99  96 

how  prepared  and  voted 5900  96 

spoiled,   another  delivered 5902  97 

of   illiterate  voter,   prepared 5903  97 

to   be  numbered,   etc 5904  97 

falsely    indorsing— penalty    5854  85 

removing,    a    misdemeanor,    when 5919  lOO 

voter  to  receive,  only  where 5919  lOO 

form    of,    constitutional    proposition 5971  109 

BALLOTS  OF  ABSENT  QUALIFIED  ELECTORS  to  contain  what 2  77 

canvassed  and  received,   when 4  77 

challenged,    how    5  78 

county  clerk  to    forward 3  77 

filed,    where    3  77 

preserved  and  destroyed,   how 4,  6  77,  78 

supplied    by    whom 8  78 

BETTING   ON  ELECTION— punishment 4763  64 

BOND    ELECTION,    special 1-3  79 

BOOTHS,    how   provided— how   arranged 5897  95 

ballot    prepared    in 5900  96 

voter  may  occupy,  how  long 5901  96 

destroying    supplies    of— penalty 5917  100 

CANDIDATES,  declaration  to  be  filed,  where   (see  "Nominations") 5862  87 

CENTRAL  COMMITTEE,  defined— powers  of 5848  83 

CITIZENSHIP,    forfeited— conviction,    what    cases 4631  64 

CIRCUIT    ATTORNEYS    AND    PROSECUTING    ATTORNEYS, 
CITY    OF    ST.    LOUIS— 

election  and  qualifications 975,     976  31,32 

abstract  of  votes  transmitted,   how... 976  32 

CIVIL   RIGHTS   OF   CONVICTS— 

pardon,    effect  of 2893  37 

citizenship  not  lost,  when 2894  37 

COUNTY   SUPERINTENDENT   OF   PUBLIC   SCHOOLS— 

qualification,   term  of  office 1092S  237 

election   returns,   how   certified 10930  237 

duty  of  county  clerk 10930  237 

COUNTY  TREASURER- 

election  of  3749  37 

how    governed   and    conducted 3750  38 

tie,    how   decided 3751  38 

COUNTY   AUDITOR— 

in    what    counties 3818,1  38 

elected   when,   term  of  office. 3819,1  38 

COUNTY  COLLECTORr- 

election    of    11432  241 

in    certain    counties ' 11433  241 

CLERKS,    appointment   of— oath 5823  74 

oath   of   secrecy 5818  72 

duty  at  election 5905,    5818  91,72 

qualifications    of    5819  73 

shall  attest  poll  books 5907  98 

to  enter  votes  in  poll  books 5906  98 

not  to  open  ballot  box 5809  70 

failing  to  perform  duty 5825  74 

free    from    arrest 5812  71 

compensation    of    5815  72 

*   EL-17 


IV  INDEX. 

Sec.  Page 

CONGRESSIONAL    DISTRICTS    ...2726-  2742  33,34 

CONGRESSMAN,    election    of 5789  65 

certificate    of   election 5797  67 

COMMISSIONERS,   board   of— law  applicjole   to 5922  100 

CONSTABLE,   duty  as   to   ballot   boxes 5S08,  5920  70,100 

to    attend   elections— duties 5813  72 

to   deliver  ballots  to  judges 5894  95 

election    of    2757  36 

CONSTITUTIONAL   AMENDMENTS,    how    submitted— general    provisions 

concerning   5967-  5973  109-111 

CONTESTS— 

jurisdiction    5924  101 

notice   5924  101 

persons   holding  certificate   may   qualify 5925  102 

contestee  to  give  notice,  when 5926  102 

process   5927  102 

depositions    ; 5927  102 

summary   proceedings    5928  102 

costs    5929  102 

court  may  award  new  election,  notice ' 5930  102 

opening  ballots,  etc.,  writ  to  county  clerk 5939  104 

writ,  how  served  on  county  clerk 5940  104 

clerk  to  give  notice  of  writ 5940  104 

clerk's   return   to   writ 5942  112 

clerk  to  open  ballots 5941  104 

ballots,   by  whom   examined 5942  105 

ballots  to  be  resealed  after  examination 5943  105 

clerk's    certificate    of    examination    of    ballots    as    prima    facie 

evidence  5944  105 

appeal    and   error,    bond 5966  lOS 

CONTESTS  FOR  PARTICULAR  OFFICES— 

constables  2757  36 

justices   of  the   peace 7372  233 

mayors  of  cities  of  second  class   (see  R.   S.  1909) 8913 

board  of  trustees  of  town  (see  R.  S.  1909) 9435 

presidential  electors   2753  36 

members  of  legislature,   notice 5931,  5934  103 

deposition   5931,  5932  103 

contestee,   failing  to   select  justice 5933  103 

rebutting  testimony    5934  103 

taking,    when    commenced 5936  104 

certification  5937  104 

Irrelevant    testimony    rejected 5938  104 

county  court  to  open  and  count  ballots,  when 5939  104 

governor  or   lieutenant-governor,    determined  by   legislature 5945  105 

joint  meeting  of  general  assembly  to  be  in  house  of  representa- 
tives      5945  105 

president  of  senate  to  preside 5945  105 

petition   to  general   assembly 5946  105 

joint  committee,   appointment,   powers 5947  105 

depositions   5948,  5949     105,106 

notice    of    taking 5948  105 

cross-examination    of   witnesses 5949  106 

report    of    committee 5950  106 

judges  of   supreme  court,   court  of  appeals  ajid  state  officers,   to  be 

heard  by  supreme  court 5951  106 


INDEX.  V 

CONTESTS    FOR    PARTICULAR    OFFICES— Continued.  Sec.  Page 

petition    5952  106 

notice    5952  106 

depositions 5953,  5955     106, 107 

commissioner  to  take  testimony,  appointment 5953  106 

powers    5954  106 

proceedings,    examination   of  witnesses 5955  107 

circuit  judges,  to  be  heard  by  judge  of  adjoining  circuit 5956  107 

petition    5957  107 

summons    5958  107 

answer  of  contestee 5959  107 

appeals   5959,  5960     107,108 

provisions    governing    5961  108 

judges  of  criminal  or  probate  court  of  city  of  St.  Louis,  to  be  heard 

by   circuit   court    5962  108 

proceedings,    how    conducted 5963  108 

circuit  attorneys,  to  be  heard  in  circuit  court 5964  108 

proceedings   5965  108 

recorder    of    deeds 103'<^  236 

CONVENTION,  of  delegates,  defined 5836  80 

CORONERS,    election    of 5789  66 

CORRUPT   PRACTICES— briber5%   who   guilty   of 6038-  6040     131,133 

threats,    violence,    etc 6041  133 

employes,   allowed   time   to   vote 6042  133 

corporation   using   threats  or  money 6043,  6044     133,134 

personation    of    another 6045  134 

candidates   may    expend,   what 6046  135 

statement   to   be   filed 6047,  6049    135,136 

failure    to    file 6048  136 

expending  more  than  allowed,  proceedings  to  oust 6050-  6056  136-138 

political   committee,   what  deemed 6057  138 

treasurer    of,    duties 6058-  6060     138,139 

failing  to  perform  duty 6062,  6063  140 

I    statement,   etc.,  open  to  inspection 6061  139 

COUNTY     CLERK,     to    deliver    sheriff    copy    of    order    establishing    or 

altering    precincts    5802  69 

to  preserve  ballots  and  bum,  when 5905  97 

may  send  for  poll  books 5911  98 

duties  of,  election  of,  county  superintendent  of  public  schools 10930  238 

to  cast  up  votes,   how 5912  98 

publicly,    where    :....  5913  99 

to    issue    certificates 5912  98 

to  senators  and  representatives 5914,  5916  99 

to  send  abstract  of  votes  to  secretary  of  state 5794  67 

failing   to,    proceeding 5795,  5796  67 

pay  of,  for  sending  returns  to  another  county 5793  66 

to  preserve  certificate  of  nomination 5845  81 

to  publish   nominations 5851-  5853  84 

amendment    to    Constitution 5967  109 

to  furnish  ballots,  etc 5890-  5896  94,96 

on    questions    submitted 5892  94 

what    number    5893  95 

to   deliver    to   judges 5894  95 

shall  print  and  deliver  instructions 5898  96 

duties  when  amendment  to  Constitution  submitted 5968  109 

to  receive   and  file  ballots   of  absentees 3,4  77 

to  provide  ballots  and,  etc.,  for  absentees 8  78 

election  of  (see  clerks  of  courts  of  record) 2673  32 


VI  INDEX. 

Sec.  Page 

COUNTY   COURT,    election   of   judges 5789,  4076  65,46 

elections,    how   certified 4077  46 

may  establish  and  alter  precincts  and  districts 5801,  5802  69 

shall   appoint   four   judges 5818  72 

additional  judges,   when 5820  73 

to  open,  canvass  and  add  vote  of  absentee  to  poll  sheets 4,6  77-78 

DISTRICTS,   established  and  altered,    how 5801,  5802  69 

elections  in,  how  conducted 5804  69 

DRAMSHOPS,  not  to  be  kept  open  on  election  day 7216  226 

ELECTIONEERING  at  polls  prohibited 5919  100 

regulated 6038,  6003  131,140 

ELECTORS,    and   electoral   districts 2726-  2756  33-36 

FINES,    how   appropriated 5816  72 

GOVERNOR,  to  call  election  in  case  of  tie 5798  67 

may  direct  returns  forwarded  by  messenger 5799  68 

writ  of  election  to  fill  vacancy  to  state,  how  notice  to  be  given 5811  71 

INITIATIVE   AND    REFERENDUM,    lawmaking   power    reserved    to    the 

people  (Const.,  Art.  IV) 57  8 

general    provisions    concerning 6747-  6756  222-226 

INTOXICATING  LIQUORS,  sale  of  on  election  days,  restrictions 5831,  5832  75 

JUDGES   OF  ELECTION,   appointment  of 5818,5820,  5821  72,73 

lists  to  be  furnished  county  court  by  central  committees 5821  73 

voters   may    elect,    when 5S03,  5920  69,73 

oath    of    5822  74 

oath   of   secrecy 5818  72 

shall  open  and  close  polls 5806  69 

duties    of,    at   election 5905,  5818  97,72 

qualification    of    5819  73 

compensation    5815  72 

ballot  boxes   furnished  to 5818  72 

shall  sign  poll  books 5907  98 

not   to   open   ballot  boxes 5809  70 

to  send  poll  book  to  whom 5911  *    98 

failing  to  perform   duty 5S25-  5827  74,  75 

free    from    arrest 5812  71 

may   punish    contempts 5814  71 

shall    mark    ballots,    how 5899  96 

to   deliver  ballot  to  voter 5899  96 

to  administer  oath  and  certify  ballots  of  absentees 2,3  77 

shall  deposit  ballot  in  box 5900  96 

not  deposit  ballot,   when 5904  97 

deliver  second  ballot,  when 5902  97 

prepare  ballot,   when 5903  97 

post  instructions  to  voters 5898  96 

JUDGE  OF  SUPREME  COURT— 

when    elected    3899  40 

JUDGES  OF  ST.  LOUIS  COURT  OF  APPEALS— 

election  and  term  of  office 3907,  3916  40 

JUDGE  KANSAS  CITT  COURT  OF  APPEALS— 

election  of  judge— term  of  office 3915,  3917  40 

JUDGE   SPRINGFIELD   COURT   OF  APPEALS— 

how  elected,    and  compensation 3926-  3929  41 

when    elected— term    of    office 3930  41 

JUDGES,    CIRCUIT— 

election    of    3955  41 

judicial    circuits   in   state 3979-  4014  42-45 


INDEX.  VII 

JUDGE  CRIMINAL  COURT,  15TH  JUDICIAL  DISTRICT—  Sec.       Page 

qualifications   and    election 417O  47 

court   established    415g  45 

JUDGE  CRIMINAL  COURT  BUCHANAN  COUNTY— 

election    of    4191  47 

how    removed— vacancies    4195  47 

court   established    4134  47 

JUDGE    CRIMINAL    COURT    JACKSON    COUNTY— 

qualifications  and    elections 42io  47 

election,  qualification  and  compensation   of  clerk 4213  47 

name   of   court    4206  47 

JUDGE  CAPE  GIRARDEAU  COURT  OF  COMMON  PLEAS— 

election   of,    salary 4236  48 

term  of  office  4235  43 

may  practice,    where 4235  43 

JUDGE   ST.   LOUIS   COURT   OF  CRIMINAL  CORRECTION— 

election,   qualification,   term 3  49 

court    established    1  48 

JUDGE    ST.    LOUIS   COURT    OF   CRIMINAL   CORRECTION,   DIVISION 
NO.   2— 

appointment    of    3  ^ 

election,    qualifications,    tenure 3  49 

court   established    1  49 

CLERK  OF  ST.  LOUIS  COURT  OF  CRIMINAL  CORRECTION— 

election    of    3  49 

JUSTICES  OF  THE  PEACE— 

elected  when— term   7367  233 

how  conducted    7371  233 

tie,  county  court  to  decide 7372  233 

JUSTICES  AND   CONSTABLES  IN  CITIES   OF  300,000  AND  OVER— 

elected,    when    7606  234 

number   of    districts 7607  234 

who  to  make  district  division 7609  234 

LEGISLATURE— list  of  members  elect  to  be  certified  to  each  house  by 

secretary  of  state 5790  66 

list  to  show  whether  taxes  paid 5790  66 

to  open  and  publish  returns  of  election  to  state  offices ; 5791  66 

joint    session    held   therefor 5791  66 

tie  in  such  case,  duties 5792  66 

to  fill  vacancy  in 8108-    8111  235 

contest  of  election  of  members 5931-    5944     103-105 

election  by,  necessary  vote 8142  236 

representatives,    election   of 5789  65 

certificate  of  election  shall  contain,  what 5914,    8104  99,235 

senators,    election    of 5789  66 

certificate    of   election   shall   contain,   what 5916,    8103  99,234 

LOCAL  OPTION- 

election  to  determine  whether  liquors  shall  be  sold  in  county 7238  227 

same  in  cities  of  2,500  or  more,  when  held 7239  228 

notice  of  election,  how  given 7240  228 

form    of    ballot 7241  229 

If   majority   for   sale,    existing   laws   to   remain   in   force— if   against, 

notice  to  be  given— act  in  force,  how  contested 7242  22S 

if  against,  sale  of  intoxicating  liquors  prohibited 7243  229 

question  determined,  not  to  be  submitted  for  four  years 7244  230 

MESSENGER,  clerk  may  send,  for  poll  books 5911  98 

secretary  of  state  may  send  for  returns 5795  67 

returns  of  special  election  sent  by 5799  68 


VIII  INDEX. 

MESSENGER— Continued.  Sec.  Page 

compensation    of    5793  66 

falling    to    perform    duty 5826,  5827  74,75 

NATURALIZATION    LAWS    AND    REGULATIONS 17-30 

NOMINATIONS    (see   "Primary   Elections.")— 

how    made    5833  79 

certificate   of    5834  80 

to  be  filed,   when,  where 5835,  5847  80,82 

to   be   signed 5842  81 

when  signed  by  voters 5843  81 

to    be  preserved 5845  81 

to  contain  one  name 5846  81 

objections,   proceedings 5849  83 

falsely  making  or   destroying 5854  85 

convention  of  delegates  defined 5836  80 

by  voters,  number  of  signers 5843  81 

new  political  parties  prohibited  from  using  name  of  parties  in  exist- 
ence     5844  81 

persons  not  to  assist  in  nominating  more  than  one  candidate 5846  81 

candidates  not  to  accept  nomination  for  more  than  one  office 5846  81 

vacancies    5847  82 

power  of  central  committee 5848  83 

central   committee,   what   constitutes 5848  83 

factional    disputes    5849  83 

rejection   5853  84 

of  judges  of  supreme  court  or  appellate  courts 5855  85 

bribery    by   candidates 6040  133 

OFFENSES    BY    PERSONS     IN    OFFICE,     OR    AFFECTING    PUBLIC 
TRUSTS  AND  RIGHTS,   AND   CONCERNING  ELECTIONS— 

bribing  public   officers— punishment 4395  50 

officers   accepting   bribes— punishment 4396  51 

bribing  ofllcer  to  appoint  to  office,  etc 4397  51 

oflicer  accepting  bribe  to  make  appointments,  etc 4398  51 

accepting  office  procured   by   bribery 4399  52 

attempting  to  bribe  officer  in  cases  mentioned  in  preceding  sections..  4400  52 

bribery   to  procure   oflfice 4401  52 

accepting   bribe  to  procure  office 4402  52 

accepting    bribe   by   voter 4403  52 

offering   bribe    to   voter 4404  53 

bidding   for   ofllce    4405  53 

selling  office 4406  53 

assessment   of   candidates , 4407  53 

buying    office    4408  53 

preceding    sections   construed 4409  54 

grant  of  office  void 4410  54 

oppression    in    office 4411  54 

fraud    in    office 4412  54 

conviction,     effect    of 4413  54 

exacting   illegal    fees 4414  54 

collecting   illegal    taxes 4415  54 

punishment  for  misdemeanor  in   office 4416  54 

prosecuting  attorney  guilty  of  misdemeanor,  when 4417  54 

persons  in  custody  entitled  to  release,  etc 4418  55 

usurping   office    4419  55 

persons  and  property  secure  in  absence  of  legal  process 4420  55 

clerks,   deputies,   etc.,  not  to  buy  fees— not  to  charge  less  than  legal 

fee  4421  55 

penalty  4422  56 


INDEX.  IX 

OFFENSES  BY  PERSONS  IN  OFFICE,  OR  AFFECTING  PUBLIC  TRUSTS 

AND  RIGHTS,  AND  CONCERNING  ELECTIONS-Continued.  Sec.       Page 

Intimidating    voters    4423  gg 

defrauding    voters    .* 4424  55 

circulating    fraudulent   tickets 4425  55 

importing   fraudulent  voters 4426  sg 

fraudulent   voting    4427  55 

attempt  to  cast  illegal  vote 4428  56 

fraud  by  judges  and  clerks  of  election 4429  57 

fraud   in   casting  up  returns 443O  57 

neglect  of  judges  and  clerks  to  perform  duty 4431  57 

refusal  to  give  canvasser  information 4432  68 

neglect  of  duty  by  canvasser 4433  5$ 

Id.    Penalty  for  neglect  of  certain  duties 4434  53 

Id.    What    deemed   a   felony 4435  58 

signing  application  to  have  voter's  name  erased,  a  felony 4436  58 

neglect  of  duty  by  judge  or  clerk— penalty 4437  59 

ballot  boxes   to  be  kept  In  view— penalty 4438  59 

failure  to  serve  as  judge  or  clerk— penalty 4439  59 

condition  of  ballot  boxes  to  be  noted  when  received 4440  59 

impersonation  of  voter  and  false  registration  prohibited 4441  60 

Id.    Penalty    4442  61 

false  canvass  of  voters— returns— destruction  or  concealment— penalty..  4443  62 

ballots  and  ballot  boxes— things  prohibited  in  use  of 4444  62 

breaches  of  the  peace  and  disorderly  conduct 4445  62 

electioneering  for  candidate  by  certain  officers  prohibited 4446  63 

failure  of  clerk  or  judge  to  sign  and  make  return— penalty 4447  63 

OFFICERS,    neglecting    duty 5918  100 

disclosing  vote,    penalty 5919  100 

electioneering    on   election   day 5919  100 

POLLS,  when  open  and  closed 5806  69 

failure    to    open- proceedings 5920  100 

application    to    certain    elections 5921  100 

POLL  BOOKS,   how  furnished 5807  70 

how   signed   and    attested 5907  98 

clerk  to  enter  votes  in 5906  98 

form    of    5809  70 

election   law   sent   with 5824  74 

returned  to  county  clerk 5911  98 

destroyed,  when  (See  R.  S.  1909)  3735 

PRECINCTS,   how   established  and  altered 5801  ® 

order  defining,  to  describe  what 5802  69 

copy  of  to  be  posted 5802  69 

poll  books  for,   how  furnished 5807  70 

election   in,   how   conducted 5804  69 

ballot  boxes,  how  provided 5808  70 

laws    applicable    to • 5923  101 

PRIMARY  ELECTIONS— 

nominations,    how    made — exceptions 5855  85 

primary,   when   held 5856 

secretary  of  state  to  notify  county  clerks 5857 

county  clerk  to  publish  list 5858 

declaration  to  be  filed  by  candidate 5859 

filed,    where    5859 

form    of    5859 

deposit    by    candidate 5860 

to  be  paid  to  whom 5860 

to  go  to  revenue  fund,  when 5861 


85 


X  INDEX. 

PRIMARY  ELECTIONS-Continued.                                                                          Sec.  Page 

secretary  of  state  to  transmit  list  to  county  clerk 5863  87 

publication  to  be  made  by  county  clerk 5864  87 

in  what  papers   ". 5865  87 

vacancies,    how    filled 5870  89 

ballots,   official 5866  87 

sample    5867  88 

paid  for  at  public  expense 5868  88 

tickets,  how  prepared  and  voted 5869  88 

names,   how   arranged    5869  88 

qualifications   of  voters 5871  89 

challengers    and    witnesses 5872  89 

ballots    rejected,    when 5873  89 

votes  canvassed,   how 5874  89 

in   presence   of  whom 5874  89 

returns,  how  made  and  to  whom 5875  89 

county   canvass   of   returns 5876  90 

duty   of   county   clerk 5876  90 

party   candidate,   declared 5877  90 

name  to  appear  on  official  ballot 5877  90 

secretary  of  state  to  publish  result 5878  90 

to  certify  to  county  clerk 5879  90 

committeemen,    how    chosen 5880  90 

platform,    how   made 5880  90 

tie  vote,   how   determined 5881  92 

forms,  secretary  of  state  to  prepare 5882  92 

to    be    printed 5882  92 

judges    and    clerks 5883  92 

presidential  electors,  how  chosen 5884  92 

registration    and    revision 5888  93 

St.  Louis  election  commissioners'   duties 5886  93 

penalties 5885,    5887  92,93 

PRIMARY  ELECTIONS  FORMS    248-253 

PRIMARY    ELECTIONS    IN    COUNTIES    WITH    100,000    INHABITANTS 
OR  OVER— 

notice   5974,    5975  111 

how    ordered 5974  111 

judges,   selection    5976  112 

oath   5976  112 

duties   5977  112 

clerks,    selection,    oath 5976  112 

challenges    to    voters 5977  112 

voting  more  than   once,   penalty 5978  113 

bribery    5979  113 

provisions  of  article,  when  applicable 5980  113 

expenses   of  election,   how  paid 5981  113 

PRIMARY    ELECTIONS    IN    COUNTIES    HAVING    OVER    175,000    AND 
LESS   THAN   300,000   INHABITANTS— 

call   for,   notice,   publication 5982,    5983  114 

when   held    5984  114 

eligibility    of    voters 5985  115 

penalty   for   illegal    voting 5985  115 

election    districts    5986  115 

division    of   wards   into 59S6  115 

polling  places    5986  115 

delegates,  basis  of  representation 5987  115 

apportionment   of    5987  115 

duties  of  political  committee 5988  115 


INDEX.  XI 

PRIMARY    ELECTIONS    IN    COUNTIES    HAVING    OVER    175,000    AND 

LESS    THAN    300,000    INHABITANTS— Continued.                                Sec.  Page 

filing   delegations    5988  115 

delegation    by    petition 5988  115 

ballot    boxes    5989  116 

how   obtained    5992  126 

judges  and  clerks,  how  named 5989  116 

oath 5989  116 

certifying   returns    5989  116 

refusing    to    sign    returns 5990  117 

committee    to   appoint,    when 5993  118 

polls,   opening  and  closing 5989  116 

voting   5989  116 

counting   votes    5989  116 

returning  ballots,   ballot   boxes,   etc 5989  116 

ballots,  initials  of  judges  Indorsed  on 5989  116 

procedure  in  case  of  controversy 5990  117 

certificate  prima  facie  evidence 5991  118 

registrations    lists    5992  118 

convention,    chairman    5991  118 

committees    5991  118 

procedure  5991  118 

poll   books  5992  118 

delegate    at   large,   when   chosen 5995  118 

central   committee   to  make   rules 5994  118 

misdemeanors    5996  119 

PRIMARY    ELECTION    IN    CITIES     OF    100,000    INHABITANTS     AND 
OVER- 

popuJation,    how   determined 5998  119 

"primary   election"    defined    5837  80 

judges  and  clerks,   oath 5838  80 

appointment   6006  120 

compensation    > 6007  '  121 

duties    6008  121 

misdemeanors    6011  121 

tellers,    oath    5838  80 

vmlawful    voting,    penalty 5839  80 

procuring   illegal    voting 5840  80 

returns    ' 6841  81 

notice    5999  119 

election    districts   6000  120 

polling  places  6000  120 

ballots,   printing   and   delivering 6001  120 

number    6002  120 

contents    6004  120 

how  other  names  may  be  placed  on 6005  120 

copies   of   poll   books 6003  120 

eligibility  of  candidates    6005  120 

certificates   of  election 6009  121 

duty   of  board   of  election   commissioners 6009  121 

polls,    open    when 6010  121 

expenses,    how   paid    6012  121 

PRIMARY    ELECTIONS    IN    CITIES    OF    400,000    INHABITANTS    AND 
OVER— 

at  public  expense,  what,  how  paid  for 6025  127 


XII  INDEX. 

PRIMARY    ELECTIONS    IN    CITIES    OF    400,000    INHABITANTS    AND 

OVER— Continued.                                                                                           Sec.  Page 
BALLOTS— 

name  can  not  appear  on  more  than  one  party  ballot 6016  124 

expense  of,  by  whom  paid 6025  127 

form   of    6026  128 

printing  and  distribution  of 6024  127 

names   to   be  alternated 6026  128 

whose   name  shall   appear  as  nominee 6031  129 

BOARD  OP  ELECTION  COMMISSIONERS— 

to   file    declarations 6016  125 

to  prepare  and  have  printed  forms  to  carry  out  act 6032b  129 

to  publish  names  of  candidates 6017  125 

to  provide  official  ballot 6019  126 

to  publish  list  of  offices  to  be  filled 6022  126 

to  be  notified  by  city  register  of  offices  to  be  filled 6021  126 

to  prepare  estimate  of  expense  for  primary 6025  127 

to  audit  and  approve  expenses  of  primary 60^  127 

to   canvass   returns,   when 6030a  129 

to   mail    statement   of   vote   to    chairman   of   city   committee    of 

each  party   6030a  129 

to  declare  result  and  issue  certificate  of  nomination 60332  129 

duties  of,  respecting  the  printing  and  distribution  of  ballots.. 6026,    6024     128, 127 

canvass  of  votes,   how  made 6029  129 

by   whom  made,   when 6030a  129 

tie,    how    decided 6032a  129 

who  may  be  present 6029  128 

certificate  of  nomination,  by  whom  issued 6033  129 

challengers    and    watchers 6032c  129 

city  register  to  notify  board  of  election  commissioners  of  what,  when..    6021  126 

construction    of    article 6013  124 

deposit-as  evidence  of  good  faith : 6014a  125 

of  non-partisan  candidate  to  go  Into  city  revenue  fund,  when...    6015  125 
DECLARATION— 

to  be  filed,  where 6016  125 

to    be    filed,    when 6023  125 

can   not   be   withdrawn 6016  125 

one  only  to  be  filed 6016  125 

form    of 6023  125 

filing  deposit  as  evidence  of  good  faith 6014a  125 

how  used   6014a  125 

to    whom    paid 6014a  125 

of    non-partisan     candidate 6015  125 

inconsistent   acts   repealed 6037  131 

judges  and  clerks,    duties  of 6026  128 

to  make  returns  to  whom 6030  129 

how  appointed,   duties  of,   etc 6035a  129 

oath   of   5838  80 

nominations,    how   made,    exceptions 6014  124 

nominee,  whose  name  shall  appear  on  ballot  as  such 6031  129 

non-partisan   candidates,   how   nominated 6034  130 

non-partisan   ballot    6035  130 

penalties  and   provisions  of   election   laws   apply 6036,    6036a  130,131 

platform,    how   and   when   made 6032  129 

primary— application    of    act 6019  126 

to  be  held  when  and  where 6020  126 

procuring   illegal   voting 5840  80 


INDEX.  XIII 

PRIMARY    ELECTIONS    IN    CITIES    OP    400,000    INHABITANTS    AND 
OVER— Continued. 

DECLARATION— Continued.  Sec.  Page 

publication  to  be  made  in  what  papers 6018  126 

of  names   of  candidates 6017  126 

of  list  of  offices  to  be  filled 6022  126 

returns,  how  made  and  to  whom 6030  129 

fraudulent   5841  gi 

tickets,   how  prepared,  how  voted 6026  128 

tie,    how   decided 6032a  129 

unlawful    voting    5839  80 

vacancies,    how    filled 6027  128 

vote,   who   entitled   to 6028  128 

proof   required    6028  128 

PROSECUTING  ATTORNEYS— 

election  and  qualifications  1000-  1002  32 

abstract  of  votes,  transmitted,  how 1003  32 

RECORDER  OF  DEEDS— 

election   or  appointment    10372  236 

election,    when 10373  236 

how  conducted   10874  236 

ties    or    contest 10375  236 

REGISTRATION,   IN  CITIES  OF  25,000  AND  LESS  THAN  100,000 6064  141 

who    may    register 6065  141 

same— vote    challenged    6068  142 

allowed  after  time,   when 6073  144 

in  voters  residence  district 6085  146 

time  and  place  appointed 6070  143 

hours    of    6074  145 

additional,    when    6082  146 

original  books  and  copy  delivered  to  election  judges 6075  145 

return    to    clerk 6076  145 

list  furnished  city    6079  146 

additional    list,    when    6083  146 

illegally    registering,    penalty 6085  146 

punishment    of    registrar 6086  147 

destroying,    etc.,    books   of 6088  147 

officer  failing  to  do  duty 6089  147 

registrars,     election    of— qualifications 6067  142 

appointment,     when    6067  142 

deputy,    appointment   of 6071  144 

to  revise  registry  lists 6072  144 

hours    of    registration 6074  146 

compensation    of    6077  145 

circuit   court   to   control 6080  146 

refusing    to    register 6086  147 

corruptly   registering    6086  147 

duty  of,   in  case  of  challenge 6087  147 

not  to  be  a  candidate 6084  146 

in    cities    of   25,000   and    less    than   30,000,    county   clerk   shall 

provide    registration    books 6066  141 

clerk  shall  deliver  same  to  registrars 6069  143 

special   days   of   registration 6081  146 

elections    in,    how    conducted 6078  146 

REGISTRATION  AND  ELECTION  IN  CITIES  OF  100,000  OR  OVER— 

election,    how   conducted   W)90  149 

ballots,    provided    6093  151 

delivered    to    judges 6125  173 

numbered,    etc.,    by  judges 6134  175 


XIV  INDEX. 

REGISTRATION      AND      ELECTION      IN      CITIES      OF      100,000      OR 

OVER— Continued.  Sec.  Page 

how    counted    6139  178 

counted,    disposition    of 6140  179 

returned   to   commissioners 6143  179 

commissioners  to  keep— to  destroy 6143  179 

ballot   boxes,    provided    6093  151 

delivered    to    judges 6125  175 

emptied   before   using 6132  174 

kept  in  public  view 6132  174 

disposition    of 6145  181 

certificate    of    election 6151,  6152  183 

challengers   6136  176 

^clerks,     how    chosen— qualification-examination— oath 6095-  6099  151-155 

subsequent    selection    of 6107  157 

duties  as  to  verification  lists 6112  164 

precinct    canvassers— duties    6113-  6114  166-167 

vacancy,    how    filled 6131  174 

duty  in  keeping  poll  book 6133  175 

to  write  in  headings  on  blank  tally  sheets 6142  17^ 

to    sign    returns 6144  180 

duty  as  to  ballot  boxes 6146  182 

failure    to    perform    duty 6148  182 

punishment    of,    generally 6156  186 

clerks  guilty  of  felony,    when 6158  187 

compensation    of    * 6181-  6184  193 

exempt   from   jury   service 6187  194 

commissioners,    board    of,    appointment— oath— bond 6091  14^ 

shall   establish   precincts 6092  151 

shall  provide  ballots,    etc 6093  151 

prepare  for  new  and  general  registration 6094  151 

select    places    of    registry 6100  155 

select  polling  places    6100  155 

name    of   convicts    furnished    to 6101  155 

list  of  deaths  furnished  to 6102  156 

shall   furnish    names    of   criminals    and   deceased   parties    to 

judges    6103  156 

give    notice   of    registration 6104  156 

shall    make    rules 6105  157 

provide    registry    books 6110  15& 

duty    In    challenges 6112  164 

shall   furnish   verification    list 6112  164 

copy    and    print    registry 6116  170 

furnish  judges  with  ballot— ballot  boxes— poll  books,   etc 6125  173 

ballots  returned  to,    disposition   of 6143  17» 

duty  as  to  ballot  boxes 6147  182 

duty  as   canvassing  board 6149  183 

certify    result    6150  183 

duty  In  case   of  fraud 6153  184 

guilty  of  felony,    when 6158  187 

to   aid   in   prosecution , 6179  192^ 

compensation    of    6180  192 

shall    audit    claims 6185  194 

may    administer    oaths 6186  194 

may    be    removec?  ,  6188  194 

holiday   on   election   day 6106  157 

Judges,    how   chosen— qualification— examination— oath 6095-  6099  151-155 

subsequent    selection    of 6107  157 

names  of  criminals  and  deceased  parties  furnished  to 6103  156 


INDEX,  XV 

REGISTRATION      AND      ELECTION      IN      CITIES      OF      100,000      OR 

OVER— Continued.                                                                                           Sec.  Page 

shall  be   board   of  registry 6108  157 

shall   make    registration,    when 6110  158 

each   day's   registration   signed 6111  164 

to    exhibit    registry 6112  164 

duty    in    challenges 6112  164 

verification   lists   furnished   to 6112  164 

revision    of   registry '   6115  168 

correcting  and   printing  registry 6116  170 

to  obtain  ballot,   ballot  boxes,   poll  books,   etc.,    how 6125  173 

vacancy,    how    filled 6131  174 

duty   at   polls 6134  175 

to  be  peace  officers 6137  177 

shall    canvass    vote 6138  177 

on    proposition    submitted 6141  179 

count    ballots,     how 6139  178 

dispose  of  counted  ballots,    how 6140  179 

proclaim   result  of  election 6143  179 

deliver   ballots   to   commissioners 6143  179 

to  make  certificate  of  returns 6144  180 

disposition  of  ballot  boxes,   etc 6145-    6147  181-182 

punishment    of,     generally i 6157,    6158  186,  187 

compensation    of    6181-    6184  193 

may    administer    oath 6186  194 

exempt   from   jury   service ^ 6187  194 

offenses   6154-    6179  184-192 

on  adoption   of  new  char.ter (see  R.   S.  1909)   9703-    9742 

precincts    established     6092  151 

polling   places   in 6100  165 

polls   opened   and   closed,    when 6130  174 

poll   books   provided 6093  151 

delivered    to    judges 6125  173 

registration,    new  and   general 6094  151 

notice   of   time   and   place 6104  156 

when    made— form    of    books 6110  158 

qualified   voters   absent   or  sick 6110a  163 

application    for    registration 6110a  163 

statement    to    be    filed 6110a  163 

when   heard    6110a  163 

challenges,    how   made 6112  164 

personal   appearance    required 6122  172 

intermediate    registration     6123  172 

revision    of    6115,    6129    168,  173 

registry,    correction   of   printing 6116  170 

names  erased  from,   and  added  to 6117-    6120     170,171 

same    to    be    published    6121  172 

open    for    inspection 6124  173 

to   be   returned   to    commissioners 6126  173 

mutilating   or   destroying 6127  173 

vacancy   in   board   of : 6128  173 

revision    of    6115,    6129  168,    173 

votes,    how  canvassed    6138  177 

on   proposition   submitted,    how   canvassed 6141  179 

result    proclaimed    6143  179 

voters,    qualifications   of    6109  167 

may  challenge  registry  of  another 6112  164 

must   be   registered 6135  176 

impersonation  and   other  crimes 6155  185 


XVI  INDEX. 

REGISTRATION    AND    ELECTION    IN    CITIES    HAVING    300,000    IN- 
HABITANTS AND  OVER—  Sec.       Page 

election    laws,    applicable    6189  195 

proceedings  when  ballot  is  offered  by  voter 6220  212 

officers  of  the  law  to  obey  judges 6222      '      214 

BALLOTS  AND  BALLOT  BOXES— 

ballots,    commissioners    to    provide 6193  19& 

ballots,    how   delivered    70 

not  to  be  fastened  together ^.  70 

ballot  boxes,   commissioners  to  provide 6193  198 

delivery   to   judges 6216  211 

to  be  kept  in  public  view 6218  212 

poll  books  placed  within  box,    how  sealed 6227  217 

disposition  6228  217 

disposition    by    commissioners 6231  219 

BOARD  OF  ELECTION  COMMISSIONERS— 

creation    6190  195 

eligibility    6190  195 

appointment    6190  195 

oath    6190  195 

bond    ,    6190  195 

term    6190  195 

vacancies    6l6o  195 

ineligibility    to    other    office 6190  195 

rules    and    regulations 6190  195 

general    powers    6190  195 

printing   rules    and    regulations 6191  196 

chairman,    designation 6190  195 

records,     inspection    6191  196 

to  print  and  furnish  on  demand  official  data 6191  196 

to  furnish  forms  for  reports  by  registration  officers 6191  196 

reports    to    6191  196 

reports    to    governor 6191  196 

copies   of  reports  of  for  mayor 6191  196 

to    provide    registration    books 6191  196 

custody    of   registration    books 6191  196 

authority   to   administer  oaths 6192  198 

secretary,    appointment    6192  198 

oath    6192  198 

bond    6192  198 

powers    and    duties 6192  198 

authority  to    administer   oaths 6192  198 

compensation    6192  198 

clerical   force    6192  198 

oath    6192  198 

authority   to    administer    oaths 6192  198 

compensation    6235  220 

office  to  be  in  city  hall 6193  198 

to  provide  ballot  boxes,   registration  books,    etc 6193  198 

to  appoint  places  of  registration  and  polling  places 6193  198 

division   of  city  into  election  districts 6194  199 

selection  of  judges  and  clerks 6195  199 

publication   of  names  of  judges  and  clerks 6196  200 

to  give  notice  of  registration  days 6197  201 

to    provide    registration    books 6198  201 

to    furnish    verification    lists 6202  204 

appointment   of   precinct  canvassers 6203  204 

Investigation  of  complaints  against  precinct  canvassers 6204  205 

printing  and  posting  copies  of  verification  lists 6205  205 


INDEX.  XVII 

REGISTRATION    AND    ELECTION    IN    CITIES    HAVING    300,000    IN- 
HABITANTS AND   OVER— Continued.                                                      Sec.  Page 

registration   books,    return   to 6209  208 

printing    verification    lists 6209  208 

printing  and  posting  revised  list  of  voters 6215  211 

delivery  of  poll  books,    etc.,    to  judges 6216  211 

registration   of  absentees   or  invalids 6221  213 

to   furnish   new   registration   books 6221  213 

ballots    returned    to 6228  217 

statement  of  vote  and  tally  sheets  delivered  to 6229  218 

disposition   of  ballot  boxes 6231  219 

to   make   abstract   of  vote 6232  219 

to  make  and  deliver  certificates  of  election 6233  219 

proceedings  in  case  of  fraudulent  returns 6234  219 

compensation    6235  220 

election    days   holidays 6236a  220 

effect  on  commercial  paper 6236a  220 

expenses    6237  221 

majority    may    act 6237  221 

auditing    claims     6238  221 

CHALLENGES  AND  CHALLENGERS— 

challenges   to  applicants  for   registration 6201  204 

to    registered    voter 6202  204 

oath    6220  212 

challenges  at  registration  or  election 6222  214 

CLERKS— 

selection    6195  199 

eligibility    6195  199 

oaths 6195,    6217    199.  211 

not  to   hold   other  office 6195  199 

removal   6195  199 

objections    to    qualification 6196  200 

publication    of    names 6196  200 

as    precinct    canvassers 6203  204 

revision    of    registry 6206  206 

signing    registers     6209  208 

absence    6217  211 

exempt   from   jury   duty 6230  218 

compensation    6236  220 

canvass    of    votes 6223-    6226     215-216 

COUNT  OF  VOTES.  RETURNS.  AND  CANVASS— 

canvass    of   votes— watchers 6222  214 

time    for    6223  215 

attending    police    officers ! 6223  215 

mode   of   canvass 6224  215 

on    proposition    submitted 6225  216 

statement  of  result,   how  made  and  certified 6226  216 

contents   6226  216 

indorsement  of  envelope  containing  returns 6226  216 

disposition    of    ballots 6228  217 

statement  and  tally  sheets,   delivery  to  commissioners.    6229  218 

abstract  of  votes,  how  made 6232  219 

delivery  to  secretary  of  state ©32  219 

returns,    proceedings  in  case  of  fraud 6234  219 

JUDGES— 

authority    to    administer    oaths 6192  198 

selection    6195  199 

eligibility    6195  199 

oaths  6195  199 


XVIII  INDEX. 

REGISTRATION    AND    ELECTION    IN    CITIES    HAVING    300,000    IN- 
HABITANTS AND   OVER— Continued.  Sec.       Page 

removal    6195  199 

not  to  hold  other  office 6195  199 

objections    to    qualifications 6196  200 

publication    of    names 6196  200 

to   constitute   board   of  registry 6198  201 

revision    of    registry 6206  206 

registers,    ballot   boxes,    etc.,    delivered   to 6216  211 

absence 6217  211 

to    be    peace    officer 6222  214 

signing  statement  of  result  of  canvass 6226  216 

sealing    ballot    boxes 6227  217 

canvass    of    votes 6223-  6226     215-216 

delivery   of   ballots   to   commissioners 6228  217 

exempt   from   jury   duty... 6230  218 

compensation    6236  220 

POLL  BOOKS,  POLLING  PLACES  AND  TALLY  SHEETS— 

poll    books,    commissioners   to   provide 6193  198 

delivery  to  judges  6216  211 

how    kept    6219  212 

entries  as  to  person  voting 6220  212 

to  be  placed  in  ballot  box,  seal 6227  217 

polling  places,   commissioners  to   designate 6193  198 

places    prohibited    6193  198 

provisions  and  supplies  for 6193  198 

tally  sheets,  commissioners  to  provide 6193  198 

polls,   opening  and   closing 6217  211 

PRECINCTS— 

commissioners   to    divide    city 6194  199 

revision   and   rearrangement 6194  199 

consecutive    numbering    6194  199 

verification  lists  posted   at 6205  205 

REGISTERS  AND  REGISTRATION— 

registration  books— duplicate   registration  book 6191  196 

commissioners    to    provide 6193,  6221     198,  213 

to  be  provided  by  commissioners 6198  201 

form   and   arrangement 6198  201 

entries  6198  201 

charge   of    6199  202 

entries,  by  whom  made 6199  202 

return    to    commissioners 6202  204 

erasure  of  names  from  register,  application  of  voter 6207  207 

affidavits  on  application  for  erasure 6207  207 

duty  of  judges  on  hearing  application 6208  207 

delivery   to   judges 6216  211 

registration  6189  195 

electors  to  sign  registry  books 6198  201 

in  presidential   years 6198  201 

judges  of  election  to  constitute  board  of  registry 6198  201 

persons    entitled    6199  202 

oath  to  electors  6199  202 

challenges   6201,6202,  6222     204,214 

oath    6220  212 

erasure  of  names 6206  206 

change  of   residence 6206  206 

affidavits    6206  206 

false    registration    6212  209 


INDEX.  XIX 

REGISTRATION    AND    ELECTION    IN    CITIES     HAVING    300,000    IN- 
HABITANTS AND  OVER— Continued. 

REGISTERS  AND  REGISTRATION— Continued.  Sec.  Page 

of  invalids  and  absentees., 6214,  6221     210,213 

votes  of  persons  not  registered  not  to  be  received 6220      '     212 

for    special    elections 6221  213 

appeals    6221  213 

registration    days,    number 6198  201 

notice    of    .- 6197  201 

board   of   registration 6198  201 

vacancies    6199  202 

duties  6199  202 

signing   registration   books 6199  202 

return  of  books  to  commissioners 6202  204 

verification   lists   furnished   to 6202  204 

clerks,  preparation  of  verification  lists 6202  204 

application  to  for  erasure  of  names  from  register 6207  207 

duties  on   hearing  application  to  erase  names 6208  207 

signing  names  to   registers 6209  208 

duties  as   to  special  elections 6221  213 

compensation    6236  220 

precinct    canvassers,    duties 6203  204 

notice  to  persons  whose  residence  cannot  be  located 6204  205 

temporary   appointment    6206  206 

lists  of  persons  to  whom  notice  has  been  sent 6206  206 

duties  as   to   special   elections 6221  213 

oath  to  person  to  whom  notice  has  been  sent 6206  206 

registration    lists,    printing 6209  208 

applications  to  be  placed  on  registraion  lists,  circuit  court 

to   hear 6210  208 

appeals    62U    '       209 

printing  and  posting  revised  lists 6215  211 

board  of  revision,  duties  as  to  special  elections 6221  213 

registry  in  force  between  general  elections 6221  213 

VERIFICATION  LISTS— 

how    made    6202  204 

disposition    6202  201 

precinct    canvassers     6203-  6206     204-206 

delivery  to  board  of  election  commissioners 6204  205 

notice  to  persons  whose  residence  cannot  be  located v  6204  205 

printing    and    posting    copies 6205  205 

printing • 6209  208 

delivery   to  judges 6216  211 

VOTERS— 

to   sign    registration   book 6191  196 

residence    6199,  6200     202,203 

qualifications   6200  203 

transfer  of  registered   voters 6213  209 

SECRETARY  OF  STATE,  shall  furnish  county  clerks  with  election  laws..  5824  74 

abstract  of  votes   sent   to 5794  67 

may  send  for 5795,  5796  67 

duty,  when  returns  are  in 5797  67 

shall  lay  before  legislature  list  of  members-elect 5790  66 

such    list   to   show,    what 5790  66 

shall  deliver  returns  of  votes  for  state  offices  to  speaker  of  house —  5791  66 

shall   preserve   certificate   of  nomination 5845  81 

shall  certify  names  of  candidates  to  county  clerk 5850  84 

those   not   to    be    certified 5853  84 

EL-18 


XX  INDEX. 

SECRETARY  OF  STATE-Continued.                                                                          Sec.  Pag« 

to  certify  proposed  amendments  to  Constitution  to  county  clerk 5967  109 

duties  of,  when  amendments  to  Constitution  submitted 5968-    5973     109-110 

SENATOR  IN  CONGRESS  FROM  MISSOURI,  how  elected 221 

SHERIFF— 

election  of 5789  65 

shall  post  order  establishing  or  altering  districts  or  precincts 5802  69 

to  fix  place  for  voting,  when 5803  69 

shall  provide  ballot  boxes 5808  70 

shall  deliver  ballots  to  judges 5894  95 

special  election   to   fill   vacancy 11217'  239 

certificate   of    election 11200  239 

SPECIAL  ELECTION— 

in   case  of  tie— proceedings 5798  67 

in  other  cases  of  tie 5915  99 

returns  forwarded  by  messenger 5799  68 

may  be  ordered  by  court 5930  102 

for  purpose   of   voting   bonds 1-3  79 

STATE  OFFICERS— 

election  of  (see  various  titles) 5788  65 

abstract  of  vote  sent  to  secretary  of  state 5794  67 

returns,   delivered  to  whom 5791  66 

who    declared    elected 5791  66 

tie  in,   how   determined 5792  66 

contest  of  election  of 5951-    5955     106-107 

STATE  SUPERINTENDENT  OF  SCHOOLS— 

election    of    , 10918  237 

tie  in,   how  determined 5792  66 

contest  of  election  of 5951-    5955     106-107 

SURVEYORS— 

elected,    when    11291  240 

election,    how    certified 11292  240 

TICKETS- 

numbered,    etc 5905  97 

sealed  and  delivered,  to  whom 5905  97 

inspected  only  In  contests,  etc 5905  97 

to  be  burned,  when 5905  97 

not  to  be  disclosed 5905  97 

concealing,    destroying,    etc 5829,    5830  75 

TIE— 

special    election— proceedings    5798  67 

returns    forwarded,    how 5799  68 

for  state   officers,   how  determined 5792  66 

for  certain  other  officers— proceedings 5915  99 

TOWNSHIP  OFFICERS,   election   of 11668-11676     243-244 

TOWNSHIP  ORGANIZATION— 

adoption   of   11652-  11656     241-242 

oflflcers— qualifications    and    tenure 11677-  11685     244-246 

vacancies    and    appointments • 11686-  11688     246-247 

VACANCIES— 

writ  of  election  to  fill,  must  state  how  many  days'  notice  will  be  given.    5811  71 

In  state  or  county  offlces,  how  filled 5828  75 

VOTES— 

entered   in  poll   book 5906  98 

whole  number  set  down 5910  98 

cast  up,   how  and  where 5912,    5913  98,  99 

abstract  of,  sent  to  secretary  of  state 5794  67 

not  to  be  disclosed 5905  97 


^      INDEX.  XXI 

VOTERS—                                                                                                                          Sec  Page 

may    elect    judges,    when....; 5803,    5920  69,100 

qualifications   of    5800  68 

tickets    received— numbered    5905,    5818  97,72 

name  entered  in  poll  books 5905  97 

vote  not  to  be  disclosed 5905  97 

freedom    from    arrest 5812  71 

guilty    of    bribery— penalty 6039  132 

may   sign   certificate   of  nomination— contents 5843  81 

to  prepare  ballot  in  booth 5897  95 

ballot    delivered    to— marked 5899  96 

delivered    only,    where 5919  100 

shall   proceed,    how    5900  96 

may   be   challenged 5900  96 

only   one   to  occupy   booth 5901  96 

ballot,    spoiled— another    delivered 5902  97 

illiterate,   ballot   prepared   for 5903  97 

instructions    to— posted    5898  96 

VOTING— 

place   of,   sheriff   to   fix,   when 5803  69 

to  be   by   ballot 5806  69 

done,  in  what  manner 5900  96 

WEAPONS,  carrying  concealed  upon  election  day— penalty 4496  63 

WITNESS,  who,   to  counting  ballot— oath 5818  72 

Note— Non-partisan   Judiciary   Act   contained   on   pages   122-123   declared   unconsti- 
tutional by  Supreme  Court  June  2,  1914. 

V 


THIS  BOOK  IS  DUii  ON  THE  LAST  DATE 
STAMPED  BELOW 

AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED   FOR   FAILURE  TO    RETURN 
THIS   BOOK   ON    THE   DATE   DUE.    THE   PENALTY 
WILL  INCREASE  TO  50  CENTS  ON  THE  FOURTH                | 
DAY     AND     TO     $1.00     ON     THE     SEVENTH     DAY 
OVERDUE,                                                                                                            1 

M    23  1934 

i 

LD21-100m-7,'33 

(laylord  Bros. 

Makers 

Syracuse,  N.  Y. 

m.  JAN.  21,  1908 


293779 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


